A.  1ST    A  C  T 


TO  RE-ORGANIZE  THE 


LOCAL  GOVERNMENT 


OF  THE 


City  of  New-York. 


PROPOSED  CHARTER 

SUBMITTED   TO  THE   LEGISLATURE  OF  THE 
STATE  OF  NEW-YORK,  BY  THE 
CITIZENS'  ASSOCIATION, 
JANUARY,  1872. 


GEORGE  F.  NESBITT  <fc  CO.,  PRINTERS  AND  STATIONERS, 
Corner  of  Pearl  and  Pine  Streets 


l£x  ICtbrtH 


SEYMOUR  DURST 


When  you  leave,  please  leave  this  book 

Because  it  has  been  said 
" Ever'thing  comes  t'  him  who  waits 

Except  a  loaned  book." 


Avery  Architectural  and  Fine  Arts  Library 
Gift  of  Si-ymour  B.  Durst  Old  York  Library 


AN"  ACT 


TO  EE-ORGANIZE  THE 


LOCAL  GOVERNMENT 


OF  TEE 


City  of  New- York. 


PROPOSED  CHARTER 

SUBMITTED   TO  THE   LEGISLATURE  OF  THE 
STATE  OF  NEW-YORK,  BY  THE 
CITIZENS'  ASSOCIATION, 
JANUARY,  1872. 


"tfeto=¥orfe : 

GEORGE  F.  NESBITT  &  CO.,  PRINTERS  AND  STATIONERS, 

CORNER  OF  PEARL  AND  PINE  8TREET8 

1872. 


8  ox  30 


Digitized  by  the  Internet  Archive 
in  2013 


http://archive.org/details/acttoreorganizelOOciti 


AN  ACT 


TO  RE-ORGANIZE  THE  LOCAL  GOVERNMENT  OE  THE  CITY  OF  NEW-TORE. 

The  People  of  the  State  of  New-  York,  represented  in 
Senate  and  Assembly,  do  enact  asfolloivs  : 

AETICLE  I. 

THE  CORPORATE  POWERS. 

Section"  1.  The  Corporation  now  existing  and  known  by 
the  name  of  u  the  Mayor,  Aldermen  and  Commonalty  of 
the  City  of  New- York,"  shall  continue  to  be  a  body  politic 
and  corporate,  in  fact  and  in  name,  by  the  same  name,  and 
shall  have  perpetual  succession  with  all  the  grants,  powers 
and  privileges  heretofore  held  by  the  Mayor,  Aldermen  and 
Commonalty  of  the  City  of  New-York,  and  not  modified  or 
repealed  by  the  provisions  hereinafter  made  by  this  Act. 

ARTICLE  II. 

LEGISLATIVE  POWER. 

Sec.  2.  The  legislative  power  of  the  said  Corporation 
shall  continue  to  be  vested  in  a  Board  of  Aldermen  and  a 
Board  of  Assistant  Aldermen,  who  together  shall  form  the 
Common  Council  of  the  City  of  New-York. 

Sec.  3.  The  Board  of  Aklermen  shall  consist  of  fifteen 
members. 

Sec,  4.  The  Board  of  Assistant  Aldermen  shall  consist 
of  forty-two  members. 

Sec.  5.  Such  Aldermen  and  Assistant  Aldermen  shall  be 
elected  as  hereinafter  provided. 


4 


Sec.  6.  The  first  election  for  Aldermen  and  Assistant 
Aldermen  shall  take  place  on  the  second  Tuesday  of  April  in 
the  year  One  Thousand  Eight  Hundred  and  Seventy-two. 
At  the  said  election,  three  Aldermen  shall  be  elected  from 
each  Senate  District  of  the  City  of  New- York,  one  for  the 
term  of  one  year,  one  for  the  term  of  two  years,  and  one 
for  the  term  of  three  years. 

On  the  second  Tuesday  of  April  in  each  and  every  year, 
after  the  year  1872,  one  Alderman  shall  be  elected  in  each 
Aldermanic  District  for  the  term  of  three  years. 

Within  five  days  after  the  passage  of  this  Act,  the  Presi- 
dent of  the  present  Board  of  Aldermen  shall  make  and  file 
in  his  office  a  certificate  dividing  each  Assembly  District  of 
the  City  of  New- York  into  two  Assistant  Aldermanic  Dis- 
tricts, with  population  as  nearly  equal  as  possible.  In  each 
Assistant  Aldermanic  District,  so  fixed,  an  Assistant  Alder- 
man shall  be  elected  in  each  and  every  year,  to  hold  office 
for  one  year. 

The  Aldermen  and  Assistant  Aldermen  shall  take  office 
on  the  first 'day  of  May  succeeding  their  election. 

Sec.  7.  All  the  provisions  of  law  relating  to  General 
Elections  in  the  City  of  New- York,  so  far  as  they  may  be 
applicable  in  respect  to  the  manner  of  conducting  elections 
or  to  the  canvass  of  votes,  shall  apply  to  every  election  for 
Aldermen  and  Assistant  Aldermen. 

Each  Board  of  the  Common  Council  shall  have  power  to 
direct  a  special  election  to  supply  the  place  of  any  member 
whose  seat  shall  become  vacant,  and  the  person  elected  to 
supply  such  vacancy  shall  hold  his  seat  for  the  residue  of 
the  term  of  his  immediate  predecessor. 

Sec.  8.  The  Boards  shall  meet  in  separate  chambers,  and 
a  majority  of  each  shall  be  a  quorum. 

Sec.  9.  Each  Board  shall 


5 


1.  Choose  a  President  from  its  members. 

2.  Appoint  a  Clerk  and  other  officers. 

3.  Determine  the  rules  of  its  own  proceedings. 

4.  Be  the  judge  of  the  returns  of  elections  and  the  right  of 

election  and  qualifications  of  its  own  members. 

5.  Keep  a  journal  of  its  proceedings. 

6.  Sit  with  open  doors,  except  when  the  public  welfare  shall 

require  secrecy ;  and, 

7.  Shall  have  authority  to  compel  the  attendance  of  absent 

members,  and  to  punish  its  members  for  disorderly  be- 
havior, and  to  expel  a  member  for  any  cause  with, 
a  concurrence  of  two-thirds  of  the  members  elected  to 
the  Board. 

Sec.  10.  Every  member  expelled  from  either  Board  shall 
thereby  forfeit  all  his  rights  and  power  as  an  Alderman  or 
Assistant  Alderman. 

Sec.  11.  The  stated  and  occasional  meetings  of  each 
Board  shall  be  regulated  by  its  own  resolutions  and  rules, 
and  both  Boards  may  meet  at  the  same  time,  or  on  differ- 
ent days,  as  they  may  severally  judge  expedient. 

The  time  of  holding  an  adjourned  meeting  must  be  spe- 
cified in  the  resolution  of  adjournment.  The  stated  and 
occasional  and  adjourned  meetings  of  each  Board  to  be  be- 
tween the  hours  of  5  o'clock  and  8  o'clock,  P.  M. 

Sec.  12.  Every  legislative  act  of  the  Common  Council, 
shall  be  by  resolution  or  ordinance,  and  every  ordinance  or 
joint  resolution  shall,  before  it  shall  take  effect,  be  presented, 
duly  certified,  to  the  Mayor  for  his  approval. 

Sec.  13.  The  Mayor  shall  return  such  ordinance  or  reso- 
lution to  the  Board  in  which  it  originated,  within  ten  days 
after  receiving  it,  or  at  the  next  meeting  of  such  Board. 

Sec.  14.  If  he  approve  it,  he  shall  sign  it.  If  he  disap- 
prove, he  shall  specify  his  objections  thereto.    If  he  do  not 


6 


return  it  with  such  disapproval  within  the  time  above  spe- 
cified, it  shall  take  effect  as  if  he  had  approved  it. 

Sec.  15.  Such  objections  of  the  Mayor  shall  be  entered 
at  large  on  the  journal  of  the  Board  to  which  they  are  sent. 

Sec.  16.  The  Board  to  which  such  ordinance  or  resolution 
shall  have  been  returned  with  objections,  shall,  alter  the 
expiration  of  not  less  than  ten  days  thereafter,  proceed  to 
reconsider  the  same,  and  if  on  reconsideration,  it  shall  pass 
both  Boards  by  a  vote  of  at  least  three-fourths  of  all  the 
members  elected  to  each  Board,  it  shall  take  effect.  In  all 
such  cases  the  votes  shall  be  taken  by  ayes  and  noes,  and 
the  names  of  the  persons  voting  for  or  against  its  passage 
on  such  reconsideration,  shall  be  entered  on  the  journal  of 
each  Board. 

Sec.  17.  No  ordinance  or  resolution  shall  be  valid  unless 
it  shall  receive  the  assent  of  both  Boards  within  the  term 
fixed  by  law  to  such  Boards. 

Sec.  18.  Any  ordinance  or  resolution  may  originate  in 
either  Board,  and  when  it  shall  have  passed  one  Board, 
may  be  rejected  or  amended  in  the  other  ;  but  no  ordinance 
or  resolution  shall  be  passed  except  by  a  vote  of  the  ma- 
jority of  all  the  members  elected  to  each  Board.  But  in 
case  any  ordinance  or  resolution  involves  a  specific  im- 
provement, or  the  sale  or  distribution  of  public  property,  or 
the  expenditure  of  money,  the  votes  of  three-fourths  of  all 
the  members  elected  to  each  Board  shall  become  necessary 
to  its  passage.  No  money  shall  be  expended  for  any  cele- 
bration, procession  or  entertainment  of  any  kind,  or  on  any 
occasion,  unless  by  the  votes  of  four-fifths  of  all  the  mem- 
bers elected  to  each  Board.  No  additional  allowance  be- 
yond the  legal  claim  which  exists  under  any  contract  with 
the  Corporation,  or  for  any  services  on  its  account,  or  in  its 
employment,  shall  ever  be  passed  by  the  Common  Council, 


7 


except  by  the  unanimous  vote  thereof.  No  charitable  or 
other  donations  shall  be  made  of  the  public  property  or 
funds  except  by  the  votes  of  three-fourths  of  all  the  mem- 
bers elected  to  each  Board,  upon  the  recommendation  of 
Commissioners  of  Charities  and  Corrections.  No  donation 
whatever  shall  be  made  to  any  educational  institution. 

Sec.  19.  The  Clerk  of  the  Board  of  Aldermen  shall,  by 
virtue  of  his  office,  be  Clerk  of  the  Common  Council,  and 
shall  perform  all  the  duties  heretofore  performed  by  the 
Clerk  of  the  Common  Council,  except  such  as  shall  be 
assigned  to  the  Clerk  of  the  Board  of  Assistant  Aldermen  ; 
and  it  shall  be  his  duty  to  keep  open  for  inspection,  at  all 
reasonable  times,  the  records  and  minutes  of  the  proceed- 
ings of  the  Common  Council,  except  such  as  shall  be  spe- 
cially ordered  otherwise.  The  Clerk  of  each  Board  shall 
appoint  and  remove  at  pleasure  Deputy  Clerks  in  his  de- 
partment, not  to  exceed  the  number  now  authorized  by 
law  or  ordinance.  The  Clerk  of  the  Common  Council  shall 
keep  the  Seal  of  the  City,  and  his  signature  shall  be  neces- 
sary to  all  leases,  grants,  and  other  documents,  as  under 
existing  laws. 

Sec.  20.  It  shall  be  the  duty  of  the  Clerks  of  the  respec- 
tive Boards  to  publish  all  resolutions  and  ordinances  and 
amendments  thereof,  which  shall  be  introduced  or  passed, 
and  also  the  final  proceedings,  except  such  parts  as  may 
require  secresy  ;  and  no  vote  shall  be  taken  in  either  Board 
upon  the  passage  of  a  resolution  or  an  ordinance,  which 
shall  contemplate  any  specific  improvement  or  involve  the 
sale,  disposition  or  appropriation  of  public  property,  or  the 
expenditure  of  public  moneys  or  income  therefrom,  or  lay 
any  tax  or  assessment,  until  after  such  notice  shall  have 
been  published  at  least  five  days  ;  and  whenever  any  vote 
shall  be  taken,  such  resolution  or  ordinance  shall,  before 
the  same  shall  be  sent  to  the  other  Board,  or  to  the  Mayor, 


8 


and  immediately  after  the  adjournment  of  the  Board  at 
which  the  same  shall  have  been  passed,  be  published  with 
the  yeas  and  nays,  and  with  the  names  of  the  persons  vot- 
ing for  and  against  the  same,  as  part  of  the  proceedings  ; 
and  no  resolution  or  ordinance  which  shall  have  passed 
one  Board  shall  be  acted  upon  by  the  other  Board  within 
five  days  after  it  shall  have  passed  the  Board  in  which  it 
shall  have  originated. 

On  or  before  the  second  Monday  of  May  of  each  and 
every  year,  the  Mayor  shall,  by  a  certificate  in  writing,  filed 
in  the  office  of  the  Comptroller,  designate  the  daily  paper, 
published  in  New- York,  having  a  circulation  of  over  five 
thousand  copies,  which  will  publish  the  Corporation  adver- 
tisements at  the  lowest  price,  to  be  the  official  journal  of 
said  City,  and  in  which  shall  be  published  all  corporation 
notices  and  advertisements,  and  all  matters  herein  required 
to  be  published.  If  such  notice  or  advertisement  is  re- 
quired to  be  published  in  only  one  paper,  then  such  pub- 
lication shall  be  in  said  paper  ;  but  if  such  notice  or  adver- 
tisement is  required  to  be  published  in  more  than  one  paper, 
then  one  of  such  requisite  papers  shall  be  the  paper  so 
designated  as  the  official  journal. 

The  Mayor  shall  also,  in  writing,  to  be  filed  in  the  office 
of  the  Comptroller,  designate,  from  time  to  time,  three 
morning  or  evening  daily  newspapers  and  three  weekly 
newspapers,  published  in  the  City  of  New-York,  to  publish 
such  digest  or  abstract  of  the  proceedings  of  the  Common 
Council  as  may  be  prepared  and  authorized  under  the  direc- 
tion of  said  Mayor ;  and  also  to  publish  such  notices  or 
advertisements  required  by  law  or  ordinance  to  be  pub- 
lished in  Corporation  papers,  which  designations  shall  be 
authority  to  the  several  newspapers  so  as  aforesaid  desig- 
nated to  publish  us  aforesaid.  All  provioions  of  law  and 
all  ordinances  of  Common  Council  of  the  City  of  New- 
York  heretofore  designating  any  newspapers  for  the  publi- 


9 


cation  of  Corporation  proceedings,  or  notices  or  advertise- 
ments, as  aforesaid,  are  hereby  repealed  ;  and  no  money 
shall  be  paid  from  the  City  Treasury  for  advertising  for  the 
city  thereafter,  except  to  the  newspapers  selected  under 
this  Act.  It  shall  be  the  duty  of  any  Officer  authorizing 
any  publication  in  either  of  said  papers  to  furnish  an  order, 
signed  by  him  or  by  his  authority,  as  to  the  publication 
thereof,  and  such  order  shall  be  attached  to  all  bills  paid  ; 
and  no  bills  shall  be  paid  without  such  order  be  attached, 
and  in  addition  the  bills  shall  always  be  certified  by  the  Of- 
ficer under  whose  direction  such  publication  is  made.  But 
no  final  judgment  against  the  said  city  which  may  hereafter 
be  obtained,  for  the  publication  of  any  such  advertise- 
ments, shall  be  allowed  or  paid  from  the  treasury  of  the 
city,  unless  such  advertisements  were  published  in  those 
newspapers  which  may  be  designated  by  the  Mayor,  in  pur- 
suance of  this  section  ;  and  no  execution  shall  be  issued  on 
any  final  judgment  based  upon  any  claim  for  such  adver- 
tisements in  any  newspaper  to  be  designated  as  herein  pro- 
vided. 

Sec.  21.  The  Common  Council  shall  have  power  to 
make,  continue,  modify  and  repeal  such  ordinances,  regu- 
lations and  resolutions  as  may  be  necessary  to  carry  into 
effect  any  and  all  of  the  powers  now  vested  in,  or  by  this 
Act  conferred  upon  the  said  Corporation,  and  shall  have  power 
to  enforce -obedience  thereto  and  observance  thereof,  by  or- 
daining penalties  for  each  and  every  violation  thereof,  in 
such  sums  as  it  may  deem  expedient,  not  exceeding  one 
hundred  dollars ;  and  shall  have  power  to  make  such  ordi- 
nances, and  with  such  penalties,  in  the  matters  and  for  the 
purposes  following,  in  addition  to  other  powers  elsewhere 
specially  granted,  viz.  : 

1.  To  regulate  traffic  and  sales  in  the  streets,  highways, 
roads  and  public  places. 


10 


2.  To  regulate  the  use  of  the  streets,  highways,  roads, 
and  public  places  by  foot  passengers,  vehicles,  railways  and 
locomotives. 

3.  To  regulate  the  use  of  sidewalks,  building  fronts  and 
house  fronts  within  the  stoop  lines. 

4.  To  prevent  and  remove  encroachments  upon  and  ob- 
structions to  the  streets,  highways,  roads  and  public 
places. 

5.  To  regulate  the  opening  of  street  surfaces,  the  laying 
of  gas  or  water  mains,  the  building  and  repairing  of  sewers, 
and  erecting  gas-lights. 

6.  To  provide  for  and  regulate  the  opening,  widening  and 
extending  of  streets  below  Fourteenth  Street. 

7.  To  regulate  the  numbering  of  the  houses  and  lots  in 
the  streets  and  avenues,  and  the  naming  of  the  streets,  ave- 
nues and  public  places. 

8.  To  regulate  and  prevent  the  throwing  or  depositing  of 
ashes,  offal,  dirt  or  garbage  in  the  streets. 

9.  To  regulate  the  cleaning  of  the  streets,  sidewalks  and 
gutters,  and  removing  ice,  hail  and  snow  from  them. 

10.  To  regulate  the  use  of  the  streets  and  sidewalks  for 
signs,  sign-posts,  awnings,  awning-posts  and  horse-troughs. 

11.  To  provide  for  and  regulate  street  pavements,  cross- 
walks, curbstones,  gutter-stones  and  sidewalks. 

12.  To  regulate  public  cries,  advertising  noises,  and  ring- 
ing bells  in  the  streets. 

13.  In  regard  to  the  relation  between  all  the  officers  and 
employes  of  the  Corporation  in  respect  to  each  other,  the 
Corporation  and  the  People. 

14.  In  relation  to  street  beggars,  vagrants  and  mendi- 
cants. 

15.  In  relation  to  the  use  of  guns,  pistojs,  firearms,  fire 
crackers,  fireworks  and  detonating  works  of  all  descriptions 
within  the  city. 


11 


16.  In  relation  to  intoxication,  fighting  and  quarelling  in 
the  streets. 

17.  In  relation  to  places  of  public  amusement, 

18.  In  relation  to  exhibiting  or  carrying  banners,  pla- 
cards or  flags  in  or  across  the  streets  or  from  houses. 

19.  In  relation  to  the  exhibition  of  advertisements  or 
handbills  along  the  streets. 

20.  In  relation  to  the  construction,  repairs  and  use  of 
vaults,  cisterns,  areas,  hydrants,  pumps  and  sewers. 

21.  In  relation  to  partition  fences  and  walls. 

22.  In  relation  to  construction,  repair,  care  and  use  of 
markets. 

23.  In  relation  to  the  licensing  and  business  of  public 
cartmen,  hackmen,  cabmen,  expressmen,  boatmen,  pawn- 
brokers, junk-dealers,  hawkers,  peddlers  and  venders. 

24.  In  relation  to  the  inspection  and  sealing  of  weights 
and  measures,  and  enforcing  the  keeping  and  use  of  proper 
weights  and  measures  by  venders. 

25.  In  relation  to  the  inspection,  weighing  and  measuring 
of  firewood,  coal,  hay  and  straw,  and  the  cartage  of  the 
same. 

26.  In  relation  to  the  mode  and  manner  of  sueing  for, 
collecting  and  disposing  of  the  penalties  provided  for  a  vio- 
lation of  all  ordinances. 

27.  And  for  carrying  into  effect  and  enforcing  any  of  the 
powers,  privileges,  and  rights  at  any  time  granted  and  be- 
stowed upon  or  possessed  by  the  said  Corporation. 

Sec.  22.  The  Common  Council  shall  have  no  power  to 
impose  taxes  or  assessments,  or  borrow  money,  or  contract 
debts,  or  loan  the  credit  of  the  city,  unless  specially  author- 
ized so  to  do  by  Act  of  the  Legislature,  and  all  the  legisla- 
tive power  of  the  City  shall  be  subordinate  to  and  be  exer- 
cised in  conformity  with  such  special  grants,  restrictions  or 
limitations,  as  are  now  or  hereafter  may  be  prescribed  by 
the  Legislature. 


12 

AETICLE  III 

THE  EXECUTIVE  POWER. 

I 

Sec.  23.  The  executive  power  of  the  Corporation  shall 
be  vested  in  the  Mayor  and  the  departments  herein  created. 

Sec.  24  The  Mayor  shall  be  the  chief  Executive  Officer 
of  the  Corporation ;  shall  be  elected  at  the  election  hereinbe- 
fore provided  for,  to  be  held  on  the  second  Tuesday  of  April 
in  each  year  hereafter,  and  hold  his  office  for  the  term  of 
one  year,  commencing  on  the  first  day  of  May  next  after 
his  electioD.  The  first  election  for  Mayor  shall  be  at 
the  election  herinabove  directed  to  be  held  on  the  second 
Tuesday  in  April  in  the  year  Eighteen  Hundred  and 
Seventy-Two. 

Sec.  22.  Whenever  the  Mayor  shall,  from  any  cause 
whatever,  failed  to  attend  at  the  Mayor's  office  in  the  City 
Hall  in  said  City  for  three  successive  days,  or  shall  be  dis- 
abled from  performing  the  duties  of  Mayor,  the  President 
of  the  Board  of  Aldermen  shall  act  as  Mayor,  and  possess 
all  rights  and  powers  of  Mayor.  But  it  shall  not  be  lawful 
for  the  President  of  the  Board  of  Aldermen,  when  so  acting 
as  Mayor,  to  sign  or  approve  any  ordinance  or  resolution  of 
of  the  Board  of  Aldermen  unless  the  disability  or  absence 
of  the  Mayor  shall  have  continued  at  least  ten  days. 

Sec.  26.  Whenever  a  vacancy  in  the  office  of  Mayor  shall 
take  place  before  the  10th  day  of  October  of  any  year,  the 
Common  Council  shall  order  forthwith  a  new  election  for 
the  office  of  Mayor,  to  be  held  at  the  then  next  general 
election  for  State  or  Federal  officers.  Until  such  vacancy 
is  filled,  the  Common  Council  shall  elect  a  Mayor,  who 
shall  hold  office  for  the  intervening  term ;  and  they  shall  in 
like  manner  have  power  to  elect  a  Mayor  to  hold  for  the 
unexpired  term  when  the  vacancy  in  the -office  of  Mayor 
takes  place  after  the  10th  day  of  October  in  any  year. 


13 


Sec.  27.  It  shall  be  the  duty  of  the  Mayor  :  1.  To  com- 
municate to  the  Common  Council  at  least  once  in  six 
months,  a  general  statement  of  the  finances,  government 
and  improvements  of  the  city.  2.  To  recommend  to  the 
Common  Council  all  such  measures  connected  with  the 
security,  health,  cleanliness  and  ornament  of  the  city,  and 
the  protection  and  improvement  of  its  government  and  fi- 
nances, as  he  shall  deem  expedient.  3.  To  be  vigilant  and 
active  in  causing  the  ordinances  of  the  city  and  laws  of  the 
State  to  be  executed  and  enforced  ;  and  for  that  purpose 
may  call  together  for  consultation  and  cooperation  anv 
Commissioners  or  other  city  officers.  4.  To  call  special 
meetings  of  the  Common  Council  when  he  shall  deem  it 
expedient  to  do  so.  5.  Generally  to  perform  all  such  duties 
as  may  be  prescribed  for  him  by  city  ordinances  and  laws 
of  the  State ;  and  the  Mayor  shall  be  responsible  for  the 
good  order  and  efficient  government  of  the  city. 

Sec.  28.  The  Mayor  may  appoint  such  experts,  clerks  and 
subordinates  as  he  may  require  to  aid  him  in  the  discharge 
of  his  official  duties,  and  such  Commissioners  of  Depart- 
ments and  such  other  officers  of  Departments  as  are  herein- 
after provided,  to  be  appointed  by  him. 

Sec.  29.  The  Mayor  shall  receive  an  annual  salary  ot 
$15,000. 

Sec.  30.  The  Common  Council  shall  have  the  power  of 
impeachment  of  the  Mayor  by  resolution  of  two-thirds  of  all 
the  members  of  each  Board  thereof.  The  assent  of  the 
Mayor  shall  not  be  necessary  to  such  resolution.  The 
Court  for  the  trial  of  impeachment  shall  be  the  Court  of 
Common  Pleas  in  and  for  the  City  and  County  of  New 
York,  not  less  than  three  judges  thereof  sitting.  It  shall  be 
the  duty  of  said  Court  to  define  by  rule  the  mode  of  im- 
peachment and  trial  of  charges.    If  the  Court  decide  that 


14 


the  charges  are  sustained,  the  office  of  the  Mayor  shall  be- 
come vacant.  In  case  the  Mayor  be  impeached,  the  Court 
may  in  its  discretion  suspend  him  during  the  trial  of 
charges. 

AETICLE  IY. 

EXECUTIVE  DEPARTMENTS. 

Sec.  31.  All  the  Heads  of  Departments  hereinafter  men- 
tioned, except  the  Comptroller  and  the  Counsel  of  the  Cor- 
poration, shall  be  appointed  by  the  Mayor,  as  hereinafter 
provided. 

Sec.  32.  The  Mayor  may  remove  any  Head  of  Depart- 
ment for  cause,  giving  to  such  Officer  a  copy  of  the  charge 
against  him  and  an  opportunity  of  being  publicly  heard 
and  producing  witnesses  in  his  defence. 

Sec.  33.  There  shall  be  the  following  other  Departments 
in  the  said  City  : 

Department  of  Finance, 
Department  of  Law, 
Department  of  Public  Works, 
Department  of  Public  Parks, 
Department  of  Docks, 

Department  of  Public  Charities  and  Correction, 
Department  of  Public  Instruction, 
Department  of  Police, 
Department  of  Health, 
Department  of  Fire, 
Sinking  Fund  Commission. 

Sec.  34.  In  every  Department  there  shall  be  kept  a  record 
of  all  transactions,  to  be  accessible  to  the  public  from  3  to  5 
o'clock  each  day  ;  and  at  the  end  of  each  day  a  brief  ab- 
stract, omitting  formal  language,  shall  be  made  of  all  trans- 
actions and  of  all  contracts  awarded  and  entered  into  for 


15 


work  and  material  of  every  description,  a  copy  of  which 
abstract  shall  be  transmitted  to  the  Clerk  of  the  Board  of 
Aldermen  for  insertion  in  the  official  journal. 

The  said  Departments  shall,  when  called  upon  by  the 
Mayor  or  Common  Council,  make  to  him  or  them  respec- 
tively reports  of  their  transactions,  and  furnish  to  him  or 
them  such  information  as  he  or  they  may  demand,  within 
such  time  as  he  or  they  may  direct. 

• 

Sec.  35.  No  person  shall  be  admitted  to  any  position 
under  any  of  the  Departments  of  the  City  Government 
who  is  not  a  citizen  of  the  United  States  and  of  the  State 
of  New- York,  who  shall  not  have  furnished  satisfactory 
evidence  in  regard  to  character,  health  and  age,  and  who 
shall  not  have  passed  a  satisfactory  examination,  before  the 
Head  of  the  Department,  in  speaking,  reading  and  writing 
the  English  language. 

Each  Board  or  head  of  Department  shall,  so  far  as  prac- 
ticable, group  the  positions  to  be  filled  in  such  depart- 
ment according  to  the  character  of  the  duties  to  be  per- 
formed, and  shall  grade  each  group,  from  the  lowest  to  the 
highest  for  the  purpose  of  promotion  within  the  group. 
Admission  to  any  position  under  any  Department  shall 
always  be  to  the  lowest  grade  of  any  group ;  and  to  such 
positions  as  cannot  be  grouped  or  graded,  admission  shall 
be  determined  as  provided  for  in  the  lowest  grade. 

A  vacancy  occurring  in  the  lowest  grade  of  any  group  of 
officers  shall  be  filled,  after  due  public  notice,  from  all  ap- 
plicants who  shall  present  themselves,  and  who  shall  have 
furnished  the  evidences  and  satisfied  the  preliminary  exam- 
ination already  mentioned,  and  who  shall  have  passed  a 
public  competitive  examination  to  test  their  knowledge, 
ability  and  special  qualifications  for  the  performance  of  the 
duties  of  the  office.  And  the  applicant  passing  in  the  opin- 
ion of  the  Board  the  best  examination,  shall  be  appointed  to 


16 


the  position.  A  vacancy  occurring  in  any  grade  above  the 
lowest  of  a  group  of  officers,  shall  be  filled  by  the  promo- 
tion of  the  person  occupying  the  next  grade  below,  or  be 
filled  by  a  competitive  examination  of  applicants  from  the 
other  grades  of  that  group.  Any  Board,  by  a  unanimous 
vote  of  all  its  members  may  fill  any  position  under  it  other- 
wise than  by  competitive  examination,  or  by  promotion  j 
but  when  so  otherwise  filled,  the  Board  shall  file  with  the 
Mayor  of  the  City  and'publish  the  reasons  for  so  otherwise 
filling  the  position. 

All  persons  who  may  be  employed  in  any  of  the  depart- 
ments of  the  City  G-overnment,  except  workmen  and  la- 
borers, shall  be  appointed  or  employed  during  good  be- 
havior, unless  the  office  held  by  them  be  abolished  by  the 
authority  which  created  it,  and  no  person  so  employed  shall 
be  removed  or  dismissed  from  his  office  or  employment, 
except  for  misconduct  or  unfaithfulness  or  inefficiency  in 
discharging  the  duties  of  the  position  occupied  by  such 
person. 

AETICLE  Y. 

DEPARTMENT   OF  FINANCE. 

Sec.  36.  The  chief  officers  of  the  Department  of  Finance 
shall  be  five  in  number.  The  Comptroller  of  the  City  of 
New -York  shall  be  one  of  said  officers,  and  shall  be  Presi- 
dent of  said  Department,  and  City  and  County  Treasurer. 
The  term  of  office  of  the  present  incumbent  of  the  office 
of  Comptroller  of  the  Qity  of  New- York  is  hereby  con 
firmed  and  continued  until  the  first  day  of  May,  1875. 
Thereafter,  the  Comptroller  of  the  City  of  New- York 
shall  be  elected  at  a  general  election,  and  shall  hold  office 
for  a  term  of  three  years,  commencing  on  the  first  Monday 
of  May  next  after  his  election.  The  first  election  for 
Comptroller  shall  be  at  the  general  election  in  April,  in  the 
year  1875. 


17 


Sec.  37.  In  case  of  any  vacancy  in  the  office  of  Comp- 
troller by  death,  resignation,  or  otherwise,  the  Mayor  shall, 
by  appointment,  fill  such  vacancy  for  a  term  ending  on  the 
first  Monday  of  May  next  succeeding  ;  and  a  Comptroller 
shall  be  elected  at  the  general  election  next  succeeding  the 
occurrence  of  the  vacancy  for  a  full  term  of  three  years, 
commencing  with  the  first  day  of  May  next  thereafter. 

Sec.  38.  Four  of  the  chief  officers  of  the  Department  of 
Finance  shall  be  appointed  by  the  Mayor.  They  shall  be 
first  appointed  for  respective  terms  of  one,  two,  three  and 
four  years.  After  such  first  appointment,  the  term  of  office 
of  each  Commissioner  subsequently  appointed  shall  be  four 
years.  Vacancies  shall  be  filled  by  the  Mayor  for  the  un- 
expired term.  The  four  chief  officers  so  appointed  by  the 
Mayor  shall  be  called  Commissioners  of  Finance.  The 
Comptroller  may  appoint,  and  at  his  pleasure  remove,  a 
deputy  Comptroller,  who  shall  be  appointed  in  the  manner, 
and  be  vested  with  the  powers,  now  prescribed  by  law. 

Sec.  30.  The  Comptroller  shall  be  the  President  and 
Treasurer  of  the  Department.  He  shall  have  the  sole  and 
exclusive  power  of  appointing  and  removing,  subject  to 
and  in  accordance  with  the  provisions  of  Section  35  of  this 
Act,  all  heads  of  bureaus,  subordinate  officers  and  clerks 
in  the  Department,  except  as  herein  otherwise  expressly 
provided. 

Sec.  40.  The  Comptroller  shall  have  control  of  all  the 
fiscal  concerns  of  the  Corporation,  and  of  the  appropria- 
tions made  for  carrying  on  the  business  of  the  Corporation. 
He  shall  prescribe  the  forms  of  keeping  and  rendering  all 
City  accounts,  and  the  manner  in  which  all  salaries  shall 
be  drawn,  and  the  mode  by  which  all  creditors,  officers  and 
employes  of  the  Corporation  shall  be  paid. 


3 


18 


Sec.  41.  All  accounts  rendered  to  or  kept  in  the  other 
Departments  shall  be  subject  to  the  inspection  and  revision 
of  the  officers  of  this  Department ;  and  it  shall  settle  and 
adjust  all  claims  in  favor  of  or  against  the  Corporation,  and 
all  accounts  in  which  the  Corporation  is  concerned  as 
debtor  or  creditor,  (provided,  however,  that  such  settlement 
and  adjustment  shall  not  have  the  effect  of  an  award  or 
arbitrament.) 

Sec.  42.  There  shall  be  the  following  bureaus  in  this 
Department : 

1.  An  Auditing  Bureau,  for  auditing,  revising,  and  settling 
all  accounts  in  which  the  City  is  concerned  as  debtor  or 
creditor,  and  which  shall  keep  an  account  of  each  claim  for 
or  against  the  Corporation,  and  of  the  sums  allowed  upon 
each,  and  certify  the  same  to  the  Comptroller,  with  the 
reasons  lor  the  allowance;  the  chief  officer  of  which  shall 
be  called  "Auditor  of  Accounts." 

2.  A  Bureau  for  receiving  of  all  moneys  paid  into  the 
Treasury  of  the  City,  and  for  the  payment  of  money  on 
warrants  drawn  by  the  Comptroller  and  countersigned  by 
the  Mayor ;  the  chief  officer  of  which  shall  be  called  the 
"Sub-Treasurer." 

The  office  of  Chamberlain  is  hereby  abolished  from  and 
after  the  15th  day  of  May  in  the  year  1872,  and  all  the 
duties  and  powers  heretofore  imposed  upon  and  possessed 
by  the  Chamberlain  are  hereby  imposed  and  conferred 
upon  the  Comptroller,  to  be  discharged  and  exercised  by 
him  through  the  said  Sub-Treasurer  or  otherwise,  and 
whenever  the  words  "  Chamberlain  of  the  City  of  New- 
York"  occur  in  any  existing  law,  ordinance,  resolution, 
contract,  or  document,  they  shall  be  deemed  to  mean 
"  the  Comptroller  of  the  City  and  County  of  New-York;" 
and  whenever  in  any  law  or  in  any  ordinance  or  obligation 
of  the  Corporation  the  words  "  Chamberlain  of  the  City  of 


19 

New- York  "  occur,  they  shall  be  deemed  and  construed  to 
mean  "  the  Comptroller  of  the  City  and  County  of  New- 
York.''  The  commission  now  allowed  by  law  to  the 
Chamberlain  for  collecting  and  paying  over  to  the  State 
the  proportion  of  State  tax  raised  in  this  county  shall  be 
paid  over  by  the  Comptroller  to  the  County  Treasury.  Ex- 
isting provisions  of  law  as  to  fees  of  County  Treasurer  and 
salary  of  City  Chamberlin  shall  not  apply  to  said  Comp- 
troller, and  he  shall  not  receive  any  fees  or  salary  except  as 
provided  by  this  act. 

3  Such  other  Bureau  or  Bureaus  as  the  Department  of 
Finance,  by  a  vote  of  four  of  its  members,  of  whom  the 
Comptroller  must  be  one,  may  establish. 

4.  A  Bureau  for  the  Collection  of  the  Eevenue  accruing 
from  Rents  and  Interest  on  Bonds  and  Mortgages,  and 
revenue  arising  from  the  use  or  sale  of  property  belonging 
to  or  managed  by  the  City,  except  the  revenue  arising  from 
the  use  or  sale  of  wharf  property  or  from  the  use  of  the 
Croton  water,  the  head  of  which  bureau  shall  be  called 
"  The  Collector  of  City  Revenue." 

5.  A  Bureau  for  the  Collection  of  Taxes  and  Assessments 
the  head  of  which  shall  be  called  u  The  Receiver  of  Taxes 
and  Assessments,''  and  shall  have  all  the  powers  and  per- 
form all  the  duties  now  prescribed  by  law  for  the  Receiver 
of  Taxes  and  also  for  the  Collector  of  Assessments.  The 
duties  and  powers  now  imposed  upon  and  vested  in  the  De- 
partment of  Public  Works  in  regard  to  the  collection  of 
assessments  are  hereby  imposed  upon  and  vested  in  the  De- 
partment of  Finance. 

6.  A  Bureau  for  the  Collection  of  Arrears  of  Taxes,  As- 
sessments and  Water  Rents,  the  head  of  which  shall  be 
called  "the  Clerk  of  Arrears." 

7.  A  Bureau  for  the  Collection  of  Revenue  derived  from 
Licenses  and  Rents  for  Public  Markets,  the  head  of  which 


20 


shall  be  called  "  The  Collector  of  Licenses  and  Market 
Kents." 

Sec.  43.  JSTo  moneys  shall  be  drawn  from  the  City  Treas- 
ury except  upon  vouchers  for  the  expenditure  thereof  ex- 
amined and  allowed  by  the  Auditor  of  Accounts,  and  ap- 
proved by  the  Comptroller  and  filed  in  his  office. 

Sec.  44.  The  Comptroller  shall  keep  books  showing  the 
amounts  paid  on  account  of  the  several  appropriations ;  and 
no  sums  shall  be  paid  on  account  of  any  appropriation  after 
the  amount  authorized  to  be  raised  by  tax  for  that  specific 
purpose  shall  have  been  expended. 

The  Collector  of  City  Revenue,  the  Receiver  of  Taxes 
and  Assessments,  the  Clerk  of  Arrears,  and  the  Collector  ot 
Licenses  and  Market  Rents,  shall  pay  over  to  the  Comptroller 
all  moneys  received  by  them  on  the  day  of  the  receipt 
thereof,  or  on  the  business  day  next  succeeding. 

Sec.  45.  All  moneys  drawn  from  the  City  Treasury  shall 
be  upon  vouchers  for  the  expenditure  thereof,  examined 
and  allowed  by  the  Auditor  and  approved  by  the  Comp- 
troller, and  filed  in  the  office  of  the  Department  of  Finance. 

Sec.  46.  Full  statements  of  the  receipts  and  expenditures 
of  all  the  Departments,  giving  names,  dates,  amounts,  and 
objects  of  expenditure,  shall  be  made  on  the  third  Monday 
of  each  month  by  each  Department  to  the  Department  of 
Finance.  The  Comptroller,  or  any  one  of  said  Commis- 
sioners of  the  Department  of  Finance,  shall  have  power  at 
any  time  to  inspect,  examine  or  copy  any  vouchers,  records 
or  papers  in  any  of  said  Departments.  From  the  statements 
so  'returned  and  other  information  the  Department  shall 
publish  monthly,  in  pamphlet  form,  a  detailed  statement  of 
all  the  receipts  and  expenditures  of  the  City  and  County 
during  the  preceding  month.  No  bond,  certificate  of  stock, 
or  evidence  of  public  debt  to  be  issued  by  the  City,  shall 


21 


be  valid  unless  signed  by  the  Mayor  and  Comptroller,  and 
countersigned  by  two  or  more  of  said  Commissioners  of  the 
Public  Treasury. 

Sec.  47.  Said  four  Commissioners  of  the  Treasury  shall 
perform  all  the  duties  and  possess  all  the  powers  heretofore 
performed  and  possessed  by  the  Commissioners  of  Taxes 
and  Assessments,  under  existing  laws.  Said  Commissioners 
of  the  Treasury  shall  keep  duplicate  books,  one  set  of  which 
shall  be  open  and  accessible  at  all  times  to  all  tax-paying 
citizens,  and  said  Commissioners  shall  appoint  and  remove, 
subject  to  the  provisions  of  Section  35  of  this  act,  all  clerks 
and  subordinates  which  they  may  need  in  performing  their 
duties  as  Commissioners  of  Taxes  and  Assessments. 

AETICLE  VI. 

THE  DEPARTMENT  OF  LAW. 

Sec.  48.  The  chief  officer  of  the  Department  of  Law  shall 
be  called  the  Counsel  to  the  Corporation.  He  shall  be 
elected  at  a  general  election  and  shall  hold  office  for  a  term 
of  three  years,  beginning  on  the  first  day  of  May  next  suc- 
ceeding his  election.  The  first  election  of  Counsel  to  the 
Corporation  shall  be  at  the  general  election  in  April,  1872. 
"Whenever  a  vacancy  shall  occur  in  the  office  of  Counsel  to 
the  Corporation  it  shall  be  filled  by  appointment  of  the 
Mayor  for  a  term  expiring  on  the  first  day  of  May  next 
thereafter ;  and  a  Counsel  to  the  Corporation  shall  be  elected 
at  the  general  election  in  April  next  after  the  occurrence  of 
the  vacancy,  for  a  full  term  of  three  years,  beginning  on 
the  1st  day  of  May  then  next  ensuing. 

Sec.  49.  The  said  Corporation  Counsel  shall  act  as  the 
legal  adviser  of  all  the  departments,  and  possess  all  the 
powers  heretofore  possessed  by  the  Counsel  to  the  Corpora- 
tion ;  and  no  attorney  or  counsel  shall  receive  any  com 


22 

pensation  for  any  services  rendered  to  any  Department, 
unless  he  shall  have  been  employed  by  or  with  the  consent 
of  the  Law  Department,  except  as  hereinafter  provided ; 
said  Department  shall  semi-annually  report  to  the  Board 
of  Aldermen  the  condition  of  all  suits  pending,  the  names, 
of  all  attorneys  and  counsel  employed,  the  fees  paid  to 
attorneys  and  counsel,  all  receipts  of  the  office,  and  all  other 
matters  pertaining  to  the  business  of  said  Department. 

Sec.  50.  The  Law  Department  shall  have  the  charge  and 
conduct  of  all  law  business  of  the  Corporation  and  of  its 
Departments,  and  all  other  law  business  in  which  the  City 
shall  be  interested  ;  the  charge  and  conduct  of  the  legal 
proceedings  necessary  in  widening,  opening  and  altering 
streets;  and  shall,  whenever  so  applied  to  by  the  head  of 
any  department,  draw  the  leases,  deeds  and  other  legal 
papers  of  such  Department. 

Sec.  51.  There  shall  be  a  bureau  in  this  Department,  the 
chief  officer  of  which  shall  be  called  the  Corporation  Attor- 
ney;  a  bureau,  the  chief  officer  of  which  shall  be  called  the 
Public  Administrator;  and  a  bureau,  the  chief  officer  of 
which  shall  be  called  the  Attorney  of  Street  Openings  and 
Assessments. 

Sec.  52.  The  Counsel  to  the  Corporation  shall  receive 
an  annual  salary  of       thousand  dollars. 

AETICLE  VII. 

DEPARTMENT  OF  PUBLIC  WORKS. 

Sec.  53.  There  shall  be  a  Department  of  Public  Works, 
the  head  of  which  shall  be  a  board  consisting  of  five  persons 
residing  in  the  City  of  New- York,  who  shall  be  appointed  by 
the  Mayor  for  terms  of  one,  two  and  three  years,  respectively 
that  is  to  say,  one  of  such  persons  for  a  term  of  one  year,  two 
of  such  persons  for  a  term  of  two  years,  and  two  of  such  per- 


23 


sons  for  a  term  of  three  years.  Such  persons  shall  be 
called  "  Commissioners  of  Public  Works."  Vacancies  oc- 
curring by  the  expiration  of  the  term  of  office  shall  be  filled 
by  appointment  of  the  Mayor  for  a  term  of  three  years. 
The  Mayor  shall  fill  vacancies  occurring  during  the  term 
by  appointment  for  the  remainder  of  the  unexpired  term. 

The  Commissioners  shall  each  receive  a  salary  of 
thousand  dollars. 

Sec.  54.  Whenever  the  words  ''Chief  Engineer  of  the 
Croton  Aqueduct  Board/'  or  "  President  of  the  Croton 
A-queduct  Board,''  or  "  Street  Commissioner,"  occur  in  any 
existing  law,  ordinance,  resolution,  contract  or  documents, 
they  shall  be  deemed  to  mean  the  aforesaid  Commissioners 
of  Public  Works ;  and  whenever  in  any  law  or  in  any  ordi- 
nance or  obligation  of  the  Corporation  the  words  "Street 
Department"  or  "Croton  Aqueduct  Board"  occur,  they 
shall  be  deemed  and  construed  hereafter  to  mean  the  "De» 
partmentof  Public  Works,"  and  the  Commissioners  thereof. 

Sec.  55.  The  said  Department  shall  have  all  the  powers 
and  functions  heretofore  possessed  by  the  Department  of 
Public  Works  now  existing,  and  such  others  as  may  be  ex- 
pressly conferred  upon  it  by  this  act. 

Sec.  56.  The  said  Department  shall  have  all  the  powers 
and  functions  heretofore  possessed  by  the  Department  of 
Public  Parks  in  relation  to  boulevards,  streets  and  avenues 
above  Fifty-ninth  Street  in  said  City,  not  embraced  in  any 
public  place,  and  also  all  the  powers  and  functions  heretofore 
possessed  by  the  Department  of  Buildings. 

Sec.  57.  The  said  Department  shall  have  cognizance  and 
control : 

1.  Of  all  structures  and  property  connected  with  the  sup- 
ply and  distribution  of  Croton  water.  2.  Of  regulating, 
grading,  flagging,  curbing,  guttering,  and  lighting  streets, 


24 


roads,  places  and  avenues.  3.  Of  the  repairing  and  con 
struction  of  public  roads.  4.  Of  the  care  of  public  build- 
ings. 5.  Of  the  filling  up  of  sunken  lots.  6.  Of  public 
sewers  and  drainage.  7.  Of  street  vaults.  8.  Of  paving, 
repaving,  and  repairing  streets,  and  keeping  the  same  clear. 
9.  Of  digging  and  constructing  wells. 

Sec.  58.  There  shall  be  the  following  bureaus  in  this 
Department : 

1.  A  Bureau  for  laying  water  pipes  and  the  construction 
and  repair  of  sewers,  wells  and  hydrants,  paving  and  repav- 
ing and  repairing  streets,  the  chief  officer  of  which  shall  be 
called  "  Water  Purveyor." 

2.  A  Bureau  for  the  collection  of  revenue  derived  from 
the  sale  and  use  of  water;  the  chief  officer  of  which  shall 
be  called  "  Water  Begister." 

3.  A  Bureau  having  care  of  all  structures  and  property 
connected  with  the  supply  and  distribution  of  Croton  water, 
the  chief  officer  of  which  shall  be  called  "  Chief  Engineer 
of  the  Croton  Aqueduct,"  with  power  to  appoint  and  remove 
at  pleasure  and  to  detail  a  staff  of  Assistant  Engineers.  He 
and  they  must  be  civil  engineers  of  at  least  ten  years'  ex- 
perience. The  Commissioners  may  delegate  to  this  Bureau 
any  power  and  duty  now  or  formerly  conferred  by  law  or 
ordinance  on  the  Chief  Engineer  of  the  Croton  Aqueduct 
Board. 

4.  A  Bureau  for  grading,  flagging,  curbing  and  gutter- 
ing, paving  and  repaving  streets,  boulevards  and  roads,  and 
the  lighting  of  the  same,  the  chief  officer  of  which  shall  be 
called  "Superintendent  of  Streets  and  Boads." 

5.  A  Bureau  of  Repairs  and  Supplies,  which  shall  have 
cognizance  of  all  supplies  and  repairs  to  publie  buildings, 
and  all  other  necessary  repairs  and  supplies  not  provided 
for  in  other  departments,  the  chief  officer  of  which  shall  be 
called  "Superintendent  of  Repairs  and  Supplies,"  and  shall 
be  a  practical  builder. 


25 


6.  A  Bureau  of  Buildings,  the  chief  officer  of  which  shall 
be  called  "Superintendent  of  Buildings,"  and  shall  be  a 
practical  builder. 

Sec.  59.  The  Commissioners  shall,  at  the  first  meeting 
after  their  appointment  and  election  as  aforesaid,  choose  one 
of  their  own  number  for  President,  and  another  one  of  their 
number  for  Treasurer. 

AETICLE  VIII. 

DEPARTMENT  OF  PUBLIC  PARKS. 

Sec.  60.  The  head  of  the  Department  of  Public  Parks  shall 
shall  be  a  Board  consisting  of  five  Commissioners,  who  shall 
be  called  Commissioners  of  Public  Parks,  and  shall  each  be 
appointed  by  the  Mayor,  and  hold  office  for  three  years,  ex- 
cept as  hereinafter  provided. 

Sec  .61.  Within  ten  days  before  the  first  day  of  May, 
1872,  the  present  Commissioners  of  Public  Parks  shall  in  the 
presence-  of  the  President  of  the  Board  of  Alderman,  and 
under  his  direction,  divide  themselves  by  lot  into  two  classes, 
of  which  one  class  shall  consist  of  three  Commissioners, 
whose  offices  shall  be  vacated  on  the  1st  day  of  May,  1873, 
and  one  class  shall  consist  of  two  Commissioners,  whose 
offices  shall  be  vacated  on  the  1st  day  of  May,  1874.  The 
President  of  the  Board  of  Aldermen  shall  file  in  the  Mayor's 
office  a  certificate  stating  the  term  of  office  so  assigned  to 
each  Commissioner  by  lot.  The  terms  of  office  of  the 
present  Commissioners  are  hereby  confirmed  and  continued 
for  the  respective  periods  so  as  aforesaid,  to  be  assigned  to 
them  by  lot,  and  they  and  their  successors  shall  constitute 
the  Board  provided  for  in  this  Article. 

The  vacancies  occurring  on  the  first  day  of  May,  1873, 
shall  be  filled  by  the  Mayor  by  the  appointment  of  three 

4 


26 


Commissioners,  one  of  whom  shall  hold  office  for  two  years, 
and  two  of  whom  shall  hold  office  for  three  years  from  said 
last  named  date.  Thereafter  all  vacancies  by  expiration  of 
office  shall  be  filled  for  a  term  of  three  years.  Any  vacancy 
occurring  during  a  term  of  office,  shall  be  filled  for  the  re- 
mainder of  such  term. 

Sec.  62.  The  Department  of  Public  Parks  shall  control 
and  manage  all  Public  Parks  and  Public  Places,  which  are 
of  the  realty  of  the  City  of  New- York,  and  shall  possess 
all  the  powers  and  perform  all  the  duties  now  possessed  or 
performed  by  the  Department  of  Public  Parks,  except  such 
as  are  by  this  Act  transferred  to  the  Department  of  Public 
Works,  and  except  the  power  of  incurring  indebtedness; 
but  no  action  of  the  Board  at  the  head  of  said  Department 
shall  be  final  or  binding  unless  it  shall  have  received  the 
approval  of  a  majority  of  the  said  Board  whose  names  shall 
be  recorded  in  its  minutes. 

Sec.  63.  The  Board  shall  choose  from  its  own  members 
a  President  and  a  Treasurer. 

The  Treasurer  shall  receive  an  annual  salary  of 
thousand  dollars. 

AETICLE  IX. 

DEPARTMENT  OF  DOCKS. 

Sec.  64.  The  head  of  the  Department  of  Docks  shall  be  a 
Board  consisting  of  five  Commissioners,  who  shall  each,  ex- 
cept as  hereinafter  otherwise  provided,  be  appointed  by  the 
Mayor  for  a  term  of  three  years. 

Sec.  65.  Within  ten  days  before  the  first  day  of  May, 
1872,  the  present  Commissioners  of  Docks  shall  divide 
themselves  by  lot  into  two  classes,  of  which  one  class  shall, 
in  the  presence  and  under  the  direction  of  the  President  of 
the  Board  of  Aldermen,  consist  of  three  Commissioners 


27 


whose  offices  shall  be  vacated  on  the  1st  day  of  May,  1873  ; 
and  one  class  shall  consist  of  two  Commissioners  whose 
offices  shall  be  vacated  on  the  1st  day  of  May,  1874.  The 
President  of  the  Board  of  Aldermen  shall  file  in  the  Mayor's 
office  a  certificate  stating  the  term  of  office  so  assigned  to 
each  Commissioner  by  lot.  The  several  terms  of  office  of 
said  present  Commissioners  are  hereby  confirmed  and  con- 
tinued for  the  respective  periods,  so,  as  aforesaid,  to  be  as- 
signed by  lot,  and  they  and  their  successors  shall  constitute 
the  Board  provided  for  in  the  Article. 

The  vacancies  occurring  by  the  expiration  of  office  on 
the  1st  day  of  May,  1873,  shall  be  filled  by  the  appoint- 
ment of  three  Commissioners,  one  of  whom  shall  hold  office 
for  two  years  and  two  of  whom  shall  hold  office  for  three 
years.  Thereafter  all  vacancies  by  expiration  of  office  shall 
be  filled  for  a  term  of  three  years.  Any  vacancy  occurring 
during  a  term  of  office  shall  be  filled  for  the  remainder  of 
such  term. 

Sec.  66:  The  Department  of  Docks  shall  possess  all  the 
powers  and  perform  all  the  duties  devolved  b}^  law  upon 
the  Department  of  Docks  before  the  passage  of  this  Act. 

The  Commissioners  of  Docks  shall  each  receive  an  annual 
salary  of  thousand  dollars. 

ARTICLE  X. 

DEPARTMENT  OF   PUBLIC  CHARITIES  AND  CORRECTION. 

Sec.  67.  The  head  of  the  Department  of  Public  Charities 
and  Correction  shall  be  a  Board  consisting  of  five  Commis- 
sioners, who  shall  be  called  "  Commissioners  of  Public 
Charities  and  Correction."  They  shall,  except  as  herein- 
after otherwise  provided,  be  appointed  by  the  Mayor  for 
a  term  of  three  years. 


28 


Sec.  68.  Within  ten  days  before  the  first  day  of  May, 
1872,  the  present  Commissioners  of  Charities  and  Correction 
shall,  in  the  presence  and  nnder  the  direction  ot  the  Presi- 
dent of  the  Board  of  Aldermen,  divide  themselves  by  lot 
into  two  classes,  of  which  one  class  shall  consist  of  three 
Commissioners,  whose  offices  shall  be  vacated  on  the  first 
day  of  May,  1873,  and  one  class  shall  consist  of  two  Com" 
missioners,  whose  offices  shall  be  vacated  on  the  first  day 
of  May,  1874.  The  President  of  the  Board  of  Aldermen 
shall  file  in  the  Mayor's  office  a  certificate,  stating  the  term 
of  office  so  assigned  to  each  Commissioner  by  lot.  The 
several  terms  of  office  of  said  present  Commissioners  are 
hereby  confirmed  and  continued  for  the  respective  periods 
so,  as  aforesaid,  to  be  assigned  by  lot,  and  they  and  their 
successors  shall  compose  the  Board  provided  for  by  this 
Article. 

The  vacancies  occurring  by  expiration  of  office  on  the 
first  day  of  May,  1873,  shall  be  filled  by  the  appointment  of 
three  Commissioners,  one  of  whom  shall  hold  office  for  two 
years'  and  two  of  whom  shall  hold  office  for  three  years. 

Thereafter  all  vacancies  by  expiration  of  office  shall  be 
filled  for  a  term  of  three  years.  Any  vacancy  occurring 
during  a  term  of  office  shall  be  filled  for  the  remainder  of 
such  term. 

Sec.  69.  The  Commissioners  shall  invite  all  incorporate, 
charitable  or  benevolent  societies,  including  hospitals,  to 
file  with  the  Department  of  Charities  and  Correction  a  state- 
ment of  the  objects  for  which  said  societies  were  established, 
the  class  of  persons  to  whom  they  extend  relief,  and  the 
mode  of  relief  adopted  ;  also  to  report  from  time  to  time 
the  means  at  their  disposal,  and  the  sources  whence  derived, 
the  names  of  persons  relieved,  and  the  amount  of  relief  ex- 
tended to  them;  and,  in  the  case  of  hospitals  or  asylums, 
what  number  of  additional  inmates  they  can  receive,  and 
such  other  details  as  the  Commissioners  may  deem  advis- 


able.  Such  information,  when  received,  shall  be  properly 
classified  in  books  prepared  for  the  purpose,  with  such  alpha- 
betical indexes  as  will  enable  the  said  Commissioners  at 
any  time  to  refer  to  such  institutions  which  take  charge  of 
any  particular  class  of  persons  or  patients,  and  to  ascer- 
tain what  relief  any  applicant  to  such  bureau  has  hereto- 
fore received  from  any  institution.  The  Presidents  of  all 
charitable  associations  which  report  to  the  Commissioners 
of  Charities  and  Correction,  shall  constitute  an  advisory 
Board  to  such  bureau,  and  any  one  or  more  of  them  may, 
at  all  times,  have  access  to  the  books  and  institutions  under 
the  charge  of  such  bureau,  and  submit  to  the  Commission- 
ers any  suggestions,  in  writing,  or  complaints  concerning 
the  administration  thereof. 

Sec.  70.  All  applications  for  money,  property  or  loan  of 
the  City's  credit  to  any  private  eleemosynary  or  charitable 
institution  or  purpose,  shall  be  made  to  this  Department 
before  the  same  can  be  acted  upon  by  the  Board  or  Alder- 
men. When  such  application  shall  have  been  filed  in  the 
office  of  the  Secretary  of  this  Department,  the  said  Commis- 
sioners shall  have  power  to  visit  the  said  institution  of  char- 
ity and  examine  and  investigate  its  condition  and  purposes  ; 
and  if  they  determine  adversely  to  such  application,  the 
power  of  said  Commissioners  to  visit  and  examine  the  same 
shall  then  cease  and  be  determined.  If,  upon  a  report  of 
this  Department,  such  aid  and  support  of,  or  for  the  main- 
tenance of,  such  private  eleemosynary  institution  or  charity 
shall  be  extended  by  the  Board  of  Aldermen  and  accepted 
by  such  institution  or  charity,  said  Commissioners  shall 
thereupon  be  a  Board  of  Visitors  of  said  institution  or  char- 
ity, with  power  to  send  to  such  institution  or  charity  for 
treatment  or  care,  free  of  charge  to  the  City,  such  cases  as  in 
the  discretion  of  the  said  Commissioners  can  be  better 
treated  therein  than  in  the  public  charities  of  the  City. 


30 


If  such  aid  shall  consist  of  money  or  bond  of  credit,  said 
powers  of  said  Commissioners  shall  continue  during  the  pe- 
riod for  which  said  donation  shall  have  been  made.  If  such 
aid  shall  consist  of  a  donation  of  property  of  the  City,  then 
such  powers  of  said  Commissioners  shall  be  perpetual. 

Sec.  71.  Said  Department  of  Public  Charities  and  Cor  - 
rection shall  possess  all  the  powers  and  perform  all  the  du- 
ties conferred  on  the  Department  of  Public  Charities  and 
Correction  by  law  before  the  passage  of  this  Act. 

Said  Commissioners  shall  each  receive  an  annual  salary 
of  thousand  dollars. 

AETICLE  XL 

DEPAKTMENT  OF  PUBLIC  INSTRUCTION. 

Sec.  72.  The  Department  of  Public  Instruction  shall 
have  for  its  head  a  Board  of  Twelve  Commissioners,  who 
shall  be  called  Commissioners  of  Public  Instruction,  and 
shall  each,  except  as  hereinafter  provided,  be  appointed  by 
the  Mayor  for  a  term  of  three  }rears. 

Sec.  73.  The  Mayor  shall  appoint  within  ten  days  next 
succeeding  the  first  day  of  May,  1872,  twelve  Commissioners 
of  Public  Instruction,  of  whom  four  shall  hold  office  until 
the  first  day  of  May,  1873  ;  four  shall  hold  office  until  the 
first  day  of  May,  1874,  and  four  shall  hold  office  until  the 
first  day  of  May,  1875.  Vacancies  by  reason  of  expiration 
of  office  shall  be  filled  by  appointment  for  a  te.-m  of  three 
years ;  any  vacancy  occuring  during  a  term  of  office,  shall 
be  filled  for  the  remainder  of  such  term. 

Sec.  74.  There  shall  continue  to  be  hereafter  five  Trus 
tees  of  Common  Schools  in  each  ward  of  said  City,  who 
shall,  except  as  hereinafter  otherwise  provided,  be  elected 
at  a  charter  election  by  the  voters  of  such  ward,  and  hold 
Office  lor  a  term  of  live  years,  commencing  with  the  first 


31 


day  of  May  next  succeeding  their  election.  The  present 
incumbents  of  the  office  of  School  Trustee  shall  continue  in 
office  for  their  respective  terms.  Whenever  a  vacancy  shall 
occur,  it  shall  be  filled  by  appointment  of  the  Mayor  for  a 
term  ending  on  the  first  day  of  May  next  succeeding  the 
occurrence  of  the  vacancy,  and  a  Trustee  of  Common  Schools 
shall  be  elected  at  the  charter  election  next  succeeding  the 
vacancy,  who  shall  succeed  the  officer  so  appointed  by  the 
Mayor,  and  hold  office  for  five  years. 

Sec.  75.  The  Mayor  shall  immediately  after  the  first  day 
of  May,  1872,  appoint  three  Inspectors  of  Common  Schools 
for  each  Senate  district,  who  shall  hold  office  for  three  years. 
Inspectors  of  Common  Schools  may  be  removed  by  the 
Mayor,  for  cause,  in  the  same  manner  as  heads  of  Depart- 
ments. 

Sec,  76.  From  and  after  the  first  day  of  May,  1872,  the 
Commissioners  of  Public  Instruction,  and  Trustees  and  In- 
spectors of  Common  Schools  who  shall  be  appointed  and 
elected  respectively  under  the  provisions  of  this  Act,  shall 
possess  all  the  powers  and  discharge  all  the  duties  which 
are  now  possessed  and  discharged  by  the  Commissioners  of 
Public  Instruction,  and  the  Trustees  and  Inspectors  of 
Common  Schools  respectively  ;  but  no  person  shall  be  ap- 
pointed a  teacher  in  any  school  without  the  approval  of  the 
Commissioners  of  Public  Instruction. 

Sec.  77.  No  Commissioner  of  Public  Instruction,  or  Trus- 
tee of  Common  Schools  shall  receive  any  salary  or  payment 
for  his  services  as  such  Commissioner  or  Trustee. 

AETICLE  XII. 

DEPARTMENT  OF  POLICE. 

Sec.  78.  The  head  of  die  Department  of  Police  shall  be 
a  board  consisting  of  five  commissioners,  who  shall  be 


32 


called  "  Commissioners  of  Police,,,  and  shall  each  receive 
an  annual  salary  of         thousand  dollars. 

The  Commissioners  shall  be  first  appointed  for  respective 
terms  of  one,  two,  three,  four  and  five  years.  Vacancies 
occurring  by  expiration  of  office  shall  be  filled  for  a  term  of 
five  years.  Any  vacancy  occurring  during  a  term  of  office 
shall  be  filled  for  the  remainder  of  such  term. 

Sec.  79.  The  said  Board  of  Police  shall  possess  all  the 
powers  and  perform  all  the  duties  now  conferred  upon  the 
Department  of  Police  of  the  City  of  New-York,  except  as 
otherwise  provided  by  this  Act, 

Sec.  80.  Every  person  connected  with  the  Police  Depart- 
ment of  the  City  of  New  York  on  the  first  day  of  May, 
1872,  and,  except  as  otherwise  herein  ordered,  shall  con- 
tinue in  office  and  be  transferred  by  operation  of  this  Act  to 
the  Department  herein  created,  and  the  amount  of  salary  or 
compensation  now  paid  to  such  person  be  the  salary  and 
compensation  fixed  for  his  transferred  office  under  this  Act 
until  the  same  is  changed  according  to  law. 

Sec.  81.  No  person  shall  ever  be  appointed  to  member- 
ship in  the  police  force,  or  continue  to  hold  membership 
therein  who  is  not  a  citizen  of  the  United  States,  or  who 
has  ever  been  convicted  of  crime,  or  who  cannot  read  and 
write  understandingly  in  the  English  language,  or  who  shall 
not  have  resided  within  the  State  during  one  year  next  pre- 
ceding his  appointment. 

Sec.  82.  All  laws  and  ordinances  not  inconsistent  with 
this  Act,  which  regulate  or  affect  the  present  Police  Depart- 
ment, or  the  Commissioners  or  subordinates  thereof,  shall 
apply  to  and  affect  the  Department  of  Police  hereby  pro- 
vided for. 


33 


ARTICLE  XIII. 

DEPARTMENT  OF  HEALTH. 

Sec.  83.  The  head  of  the  Health  Department  shall  be  a 
Board,  consisting  of  five  persons  :  the  President  of  the 
Department  of  Police,  the  President  of  the  Department  of 
Public  Works,  and  three  officers  to  be  called  "  Commis- 
sioners of  Health."  The  Commissioners  of  Health,  two  of 
whom  must  have  been  practising  physicians  in  the  City  of 
New- York  for  a  period  of  five  years  preceding  their  appoint- 
ment, shall  "each  be  appointed  by  the  Mayor  for  a  term  of 
three  years,  except  as  herein  otherwise  provided  ;  and  shall 
each  receive  a  salary  of  thousand  dollars. 

The  Commissioners  shall  be  first  appointed  for  respective 
terms  of  two,  three  and  four  years.  Any  vacancy  occurring 
during  a  term  of  office  shall  be  filled  for  the  remainder  of 
such  term. 

Sec.  84.  Said  Board  shall  have  power  to  create  a  Chief 
Executive  Office,  and  appoint  a  suitable  person  to  fill  such 
office,  who  shall  be  an  experienced  and  skillful  physician, 
resident  in  the  City  of  New- York,  who  shall  be  called  the 
"  Sanitary  Superintendent."  It  shall  be  the  duty  of  said 
officer,  as  he  may  be  directed,  to  execute  the  orders  of  said 
Board,  and  generally,  according  to  its  instruction,  to  exer- 
cise a  practical  supervision  in  respect  to  the  Inspectors, 
Agents  and  other  persons  (other  than  the  Secretary,  Trea- 
surer and  members  of  the  Board,  or  the  members  of  the 
Police  force,)  who  shall  exercise  any  authority  under  the 
Department  of  Health ;  and  said  officer  shall  devote  his 
services  to  the  aforesaid  purposes,  as  the  Board  may  from 
time  to  time  direct.  He  shall  be  entitled  to  receive  a  salary 
to  be  fixed  by  the  Board,  which  shall  not  exceed  five  thou- 
sand dollars  annually. 


6 


34 


Sec.  85.  Section  91,  Chapter  137  of  the  Laws  of  1870, 
and  Section  7  of  Chapter  574,  Laws  of  1871,  are  hereby  re 
pealed. 

Sec.  86.  Said  Board  may  appoint  and  commission  snch 
number  of  "  Sanitary  Policemen  "  as  the  Board  may  deem 
needful,  not  exceeding  ten,  and  may  from  time  to  time 
prescribe  the  salaries  of  such  policemen ;  but  such  salaries 
shall  not  exceed  twelve  hundred  dollars  annually  to  each 
policeman. 

The  Board  may  direct  said  Sanitary  Policemen  to  per- 
form, under  the  direction  of  the  said  Board,  any  of  the  du- 
ties now  performed  by  the  agents  and  men  of  the  Depart- 
ment of  Police  in  the  enforcement  and  execution  of  sani- 
tary rules  and  regulations,  and  t.,e  orders  of  said  Board  of 
Health  ;  and  in  and  about  the  execution  of  any  order  of  the 
Board  of  Health,  such  Sanitary  Policemen  shall  have  as 
ample  power  and  authorit}^  as  the  officers  and  policemen  of 
the  Department  of  Police  have  under  existing  laws  in  and 
about  the  execution  of  an}r  order  of  the  Board  of  Health,  or 
of  the  Board  of  Police  made  pursuant  thereto.  Every  such 
Sanitary  Policeman  shall  wear  while  on  duty,  an  appropri- 
ate uniform  and  badge  to  be  prescribed  by  the  Board  of 
Health,  and  it  shall  be  a  misdemeanor  for  a  person  not  en- 
rolled, employed  or  appointed  by  said  Department  as  a  San- 
itary Policeman  to  wear  the  whole  or  any  part  of  the  uni- 
form or  insignia  prescribed  by  said  Board. 

Sec.  87.  All  duties  which  have  been  heretofore  per- 
formed by  the  Department  of  Police  or  its  agents  and  men 
in  and  about  the  enforcement  and  execution  of  sanitary 
rules  and  regulations  and  the  orders  of  said  Board  of  Health 
shall  continue  to  be  performed  by  the  Department  of 
Police,  its  agents  and  men  in  the  manner  and  to  the 
extent  heretofore  provided  by  law,  except  so  far  as  such 
duties  may  be  by  said  Board  of  Health  devolved  upon  the 
"  Sanitary  Policemen." 


35 


Sec.  88.  The  Department  of  Health  hereby  established 
shall,  except  as  in  this  Act  otherwise  provided,  possess  all 
the  powers  and  perform  all  the  duties  now  conferred  by 
law  on  the  Department  of  Health. 

AETICLE  XIV. 

DEPARTMENT  OF  FIRE. 

Sec.  89.  The  head  of  the  Department  of  Fire  shall  be  a 
Board  consisting  of  live  Commissioners  who  shatl  be  called 
Commissioners  of  Fire,  and  who  shall  each,  except  as  herein 
otherwise  provided,  be  appointed  by  the  Mayor  for  a  term 
of  three  years. 

Sec.  90.  Within  ten  days  before  the  first  day  of  May, 
1872,  the  present  Fire  Commissioners  of  the  City  of  New- 
York,  shall  in  the  presence  and  under  the  direction  of  the 
President  of  the  Board  of  Aldermen,  divide  themselves  by 
lot  into  two  classes,  of  which  one  class  shall  consist  of  three 
Commissioners,  whose  offices  shall  be  vacated  on  the  1st  day 
of  May,  1873,  and  one  class  shall  consist  of  two  Commis- 
sioners, whose  offices  shall  be  vacated  on  the  1st  day  of 
May,  1874.  The  President  of  the  Board  of  Aldermen  shall 
file  in  the  Mayor's  office  a  certificate  stating  the  term  of  of- 
fice so  assigned  to  each  Commissioners  by  lot.  The  several 
terms  of  office  of  said  present  Commissioners  are  hereby 
confirmed  and  continued  for  the  respective  periods  so  as 
aforesaid  to  be  assigned  by  lot ;  and  they  and  their  succes- 
sors shall  compose  the  Board  at  the  head  of  the  Department 
of  Fire.  The  vacancies  occurring  by  expiration  of  office 
on  the  first  day  of  May,  1873,  shall  be  filled  by  the  appoint- 
ment of  three  Commissioners,  one  of  whom  shall  hold  office 
for  two  years,  and  two  of  whom  shall  hold  office  for  three 
years.  Thereafter  all  vacancies  by  expiration  of  office,  shall 
be  filled  for  a  term  of  three  years.    Yacancies  occurring 


36 


during  a  term  of  office  shall  be  filled  for  the  remainder  of 
such  term. 

Sec.  91.  There  shall  be  in  this  Department  two  Bureaus. 
The  chief  officer  of  the  first  Bureau  shall  be  called  the 
"  Chief  Engineer."  The  chief  officer  of  the  other  Bureau 
shall  be  called  "Inspector  of  Fire  Apparatus." 

Sec.  92.  The  said  Department  of  Fire,  after  the  same  is 
organized  pursuant  to  this 'Act,  shall  possess  all  the  powers 
and  perform  all  the  duties  conferred  by  law  on  the  Fire  De- 
partment of  the  City  of  New- York  before  the  passage  of 
this  Act.  The  Chief  Engineer,  Assistant  Engineer,  Fire- 
men and  Employes  now  in  the  Fire  Department  of  the  City 
of  New-York,  shall  on  the  organization  of  the  Department 
of  Fire  under  this  Act,  be  transferred  to  and  become  sub- 
ordinates of  said  last  named  Department. 

Sec.  93.  All  laws  and  ordinances  now  in  force  affecting 
or  concerning  the  Fire  Department  of  the  City  of  New- 
York,  its  agents  or  employes,  shall,  except  as  far  as  the  same 
may  be  by  this  Act  modified  or  repealed,  affect  and  apply 
to  the  Department  of  Fire  organized  under  this  Act,  its 
agents  and  employes. 

Sec.  95.  The  provisions  of  Section  35  of  this  Act  shall 
apply  to  the  appointment  and  removal  of  all  persons  em- 
ployed by  the  Department  of  Fire,  except  the  Chief  Engi- 
neer and  Assistant  Engineers. 

ARTICLE  XV. 

THE  SINKING  FUND  COMMISSION. 

Sec.  95.  There  shall  continue  to  be,  as  now  provided 
and  recognized  by  special  laws  and  ordinances,  a  Board  of 
Commissioners  of  the  Sinking  Fund,  which  shall  be,  after 


37 


the  first  day  of  May,  composed  of  the  Mayor,  Kecorder^ 
Corporation  Counsellor,  Comptroller,  the  President  of  the 
Board  of  Aldermen  and  President  of  the  Board  of  Assistant 
Aldermen,  with  all  the  powers  and  duties  now  assigned, 
designated  and  ratified  by  existing  laws  and  ordinances. 

ARTICLE  XVI. 

GENERAL  PROVISIONS,  POWERS  AND  LIMITATIONS. 

Sec.  96.  Except  as  hereinbefore  provided,  a  majority 
of  the  members  of  a  Board  in  any  Department  of  the  City 
Government  shall  constitute  a  quorum,  to  fully  perform 
and  discharge  any  act  or  duty  authorized,  possessed  by  or 
imposed  upon  aforesaid,  and  with  the  same  legal  effect  as  if 
every  member  of  such  Board  had  been  present.  Each 
Board  shall  choose  one  of  its  members  to  preside  at  Board 
meetings,  and  may  appoint  a  Chief  Clerk. 

Sec.  97.  No  expense  shall  be  incurred  by  any  of  the 
Departments,  Boards  or  Officers  thereof,  whether  the  object 
of  expenditure  shall  have  been  ordered  by  the  Common 
Council  or  not,  unless  an  appropriation  shall  have  been  pre- 
viously made  covering  such  expense. 

Sec.  98.  Every  person  who  shall  promise  or  offer,  or  cause 
or  aid,  or  abet  in  causing  to  be  promised  or  offered,  or 
furnish  or  agree  to  furnish,  in  whole,  or  in  part,  or 
be  promised,  offered  or  given  to  any  Alderman,  Assistant 
Alderman,  or  any  officer  of  the  Corporation  after  his  elec- 
tion as  such  member,  or  before  or  after  he  shall  have  quali- 
fied and  taken  his  seat,  any  moneys,  goods,  right  in  action, 
or  other  property  or  anything  of  value,  or  any  pecuniary 
advantage,  present  or  prospective,  with  intent  to  influence 
his  vote,  opinion,  judgment  or  action  on  any  question,  mat- 
ter, cause  or  proceeding  which  may  be  then  pending  or 
may  by  law  be  brought  before  him  in  his  official  capacity, 


38 


shall,  upon  conviction,  be  imprisoned  in  a  Penitentiary  for 
a  term  not  exceeding  two  years,  or  shall  be  fined  not  ex- 
ceeding So, 000,  or  both,  in  the  discretion  of  the  Jndge, 
provided  that  such  money  or  other  property  or  thing  of 
value  be  not  received  or  accepted  by  such  Alderman,  Assist- 
ant Alderman,  or  officer.  Every  Alderman,  Assistant 
Alderman,  or  officer  in  this  section  enumerated  who  shall 
accept  any  such  gift,  or  promise,  or  undertaking  to  make  the 
same  under  any  agreement  or  understanding  that  his  vote, 
opinion,  judgment  or  action  shall  be  influenced  thereby,  or 
shall  be  given  in  any  question,  matter,  cause  or  proceeding 
then  pending,  or  which  may  by  law  be  brought  before  him 
in  his  official  capacity,  shall,  upon  conviction,  be  disquali- 
fied from  holding  any  public  office,  trust  or  appointment 
under  the  City  of  New-York,  and  shall  forfeit  his  office, 
and  shall  be  punished  by  imprisonment  in  the  Penitentiary 
not  exceeding  two  years,  or  by  a  fine  not  exceeding  $5,000, 
or  both,  in  the  discretion  of  the  Court ;  and  in  such  case  the 
person  giving,  offering,  or  promising  such  money,  property 
or  thing  of  value  shall  not  be  held  guilty  of  any  offence. 
Every  person  offending  against  either  of  the  provisions  of 
this  section  shall  be  a  competent  witness  against  any  other 
person  offending  in  the  same  transaction,  and  may  be  com- 
pelled to  appear  and  give  evidence  before  any  Grand  Jury, 
or  in  any  Court,  in  the  same  manner  as  other  persons :  but 
no  person  who  shall  voluntarily  give  testimony  shall  be  sub- 
ject to  any  prosecution  whatever,  civil  or  criminal. 

Sec.  99.  Any  citizen  claiming  to  have  been  injured  by 
any  such  vote  or  action  of  any  Alderman  or  officer  given  for 
any  dishonest  or  corrupt  motive  or  consideration,  may 
bring  suit  against  such  Alderman  or  officer,  and  on  his  con- 
viction recover  a  penalty  not  exceeding  $1,000. 

Sec.  100.  No  member  of  the  Common  Council,  Commis- 
missioncr,  head  of  Department,  chief  of  bureau,  deputy 


39 


thereof  or  clerk  therein,  or  other  officer  of  the  Corporation, 
shall  be  directly  or  indirectly  interested  in  any  contract 
work  or  business,  or  the  sale  of  any  article,  the  expense, 
price  or  consideration  of  which  is  paid  from  the  City  Trea- 
sury, or  by  any  assessment  levied  b}r  any  act  or  ordinance 
of  the  Common  Council,  nor  in  the  purchase  of  any  real 
estate  or  other  property  belonging  to  the  Corporation,  or 
which  shall  be  sold  by  virtue  of  legal  process  at  the  suit 
of  said  Corporation.  All  such  contracts  or  sales  shall  be 
forfeited  as  to  any  interest  of  the  Aldermen,  Assistant 
Aldermen,  or  other  officers  enumerated  in  this  section,  and 
any  Alderman,  Assistant  Alderman,  or  other  officer  who  shall 
be  convicted  of  having  been  knowingly  interested  in  any 
such  contract  work,  business  sale,  or  purchase  shall  be  pun- 
ished as  for  a  misdemeanor  and  forfeit  his  office. 

Sec.  101.  Any  member  of  the  Common  Council,  Com- 
missioner, head  of  Departments,  chief  of  Bureau,  deputy 
thereof  or  Clerk  therein,  or  other  officer  of  the  Corporation 
may,  if  a  Judge  shall  so  order,  be  summarily  examined  upon 
an  order,  to  be  made  on  application  or  written  affidavit  on 
the  oath  of  any  Commissioner  of  the  Public  Treasury,  or 
any  three  Aldermen  of  said  City  or  County,  requiring  such 
examination,  and  signed  by  any  Justice  of  the  Supreme 
Court  of  the  First  Judicial  District,  directing  such  examina- 
tion to  be  publicly  made  at  the  chambers  of  said  Justice,  at 
a  day  and  hour  to  be  named,  not  less,  however,  than  forty- 
eight  hours  after  personal  service  of  said  order ;  and  such  ex- 
amination shall  be  confined  to  an  inquiry  into  any  alleged 
wrongful  diversion  or  misapplication  of  any  moneys  or  fund, 
or  any  violation  of  the  provisions  In  the  last  two  sections, 
or  any  other  delinquency  charged  in  said  affidavit  touching 
the  office,  or  the  discharge  or  neglect  of  duty,  of  which  it  is 
alleged  in  the  application  for  said  order jthat  such  member  of 
the  Common  Council,  head  of  Department  or  other  aforemen- 


40 


tioned  officer  lias  knowledge  or  information ;  such  member  of 
the  Common  Council,  Commissioner,  head  of  Department,  or 
other  aforesaid  officer,  shall  answer  such  pertinent  questions 
relative  thereto  as  the  Justice  shall  direct,  and  the  examina- 
tion may  be  continued  from  time  to  time  as  such  Justice 
may  order,  but  the  answers  of  the  party  charged  shall  not 
be  used  against  him  in  any  criminal  proceeding  ;  provided, 
however,  that  for  all  false  answers  on  material  points  he 
shall  be  subject  to  the  pains  and  penalties  for  the  crime  of 
perjury.  The  proceedings  may  be  continued  before  any 
other  Justice  in  said  district,  and  other  witnesses,  as  well  as 
the  parties  making  such  application,  may,  in  the  discretion 
of  said  Justice,  be  compelled  to  attend  and  be  examined 
touching  such  alleged  delinquencies  ;  and  such  Justice  may 
punish  any  refusal  to  attend  such  examination,  or  to  answer 
any  such  questions  pursuant  to  his  order,  as  for  a  contempt 
of  Court,  and  shall  have  as  full  power  and  authority  to 
enforce  obedience  to  the  order  or  directions  of  himself,  or 
of  any  other  Justice,  as  any  Justice  of  the  Supreme  Court 
may  now  have  or  shall  possess  to  enforce  obedience  or  to 
punish  contempt  in  any  case  or  matter  whatever.  Such 
examination  shall  be  filed  in  the  office  of  the  County  Clerk 
of  the  County  of  New- York,  and  be  at  all  reasonable  times 
accessible  to  the  public. 

Sec.  102.  No  appropriation  for  the  contesting  of  the 
officer  of  Mayor,  or  any  seat  in  the  Common  Council  or 
Department  of  Public  Instruction  shall  be  made  to  any 
but  the  prevailing  party.  Nor  shall  such  appropriation  be 
made  except  upon  the  certification  as  to  value  of  services 
by  the  chief  officer  of  the  Law  Department.  In  the  cases 
provided  under  the  preceding  section,  the  Law  Department 
shall  assign  counsel  to  such  Commissioner  or  member  of  the 
Common  Council ;  but  should  such  Commissioner  or  member 
of  the  Common  Council  see  proper  to  employ  other  counsel 


41 


than  those  assigned  by  the  Law  Department,  then  in  that 
event  no  appropriation  shall  be  made  for  his  or  their  pay- 
ment, except  upon  a  certificate  of  the  Justice  or  Justices 
before  whom  the  proceedings  have  been  had,  that  there  was 
probable  cause  for  taking  such  proceedings. 

Sec.  103.  Any  person  holding  office,  whether  by  election 
or  appointment  under  this  Charter,  who  shall,  during  his 
term  of  office,  accept,  hold  or  retain  any  other  civil  office 
of  honor,  trust  or  emolument,  under  the  Government  of  the 
United  States,  or  the  State,  or  under  this  Charter,  or  who 
shall  accept  a  seat  in  the  Legislature,  or  who  shall,  during 
his  said  term  of  office,  receive  any  fees  or  emoluments 
directed  to  be  paid  to  him  by  any  ordinance  of  the  Common 
Council,  as  hereinafter  provided,  shall  be  deemed  thereby  to 
have  vacated  the  office  first  mentioned  in  this  section.  No 
person  shall  hold  two  Charter  or  County  offices,  nor  shall 
an  officer  under  the  County  Grovernment,  hold  or  receive 
office  unander  the  County  Grovernment,  except  when  he 
holds  such  office  ex  officio,  by  virtue  of  an  Act  of  the 
Legislature,  and  in  such  case  he  shall  draw  no  salary  for 
such  ex  officio  office. 

Sec.  103.  Whenever  any  provisions  and  regulations 
other  than  those  herein  specially  authorized,  may  become 
requisite  for  the  fuller  organization,  perfecting  and  carrying 
out  of  the  powers  and  duties  prescribed  to  any  department , 
they  shall  be  provided  for  by  ordinance  of  the  Common 
Council,  who  are  hereby  authorized  to  enact  such  necessary 
ordinances,  except  that  the  Common  Council  shall  never 
pass  an  ordinance  in  relation  to  regulating  the  internal  af- 
fairs of  any  of  the  Departments  herein  mentioned,  or  the 
workings  of  any  of  the  Bureaus,  or  the  duties  of  any  of  the 
subordinate  officers  of  the  Corporation,  or  the  number  of 
persons  to  be  employed  in  any  Department,  nor  increasing 

6 


42 


their  salaries,  except  upon  the  previous  application  in  writ- 
ing therefor  of  the  head  of  the  Department  to  be  affected 
by  said  ordinance. 

Sec.  105.  It  shall  be  the  duty  of  the  Common  Council 
to  provide  for  the  accountability  of  all  officers  and  other 
persons  to  whom  the  receipts  or  expenditure  of  the  funds 
of  the  City  shall  be  intrusted,  by  requiring  from  them  suffi- 
cient security  for  the  performance  of  their  duties  or  trust, 
which  security  shall  be  annually  renewed  ;  but  the  security 
first  taken  shall  remain  in  force  until  new  security  shall  be 
given. 

Sec.  106.  All  elections  for  all  City  officers  who  are  elect- 
ed by  the  people  shall,  except  as  herein  otherwise  provided^ 
be  held  on  the  second  Tuesday  of  April,  and  the  officers 
elected  shall  take  office  on  the  first  day  of  May  next  suc- 
ceeding, unless  herein  otherwise  provided.  All  the  provi- 
sions of  law  now  in  force  in  regard  to  the  duration,  manner  of 
conducting  elections  and  canvass  and  estimate  of  votes  at 
general  elections,  shall  apply  to  each  election  of  City  officers. 

Sec.  107.  All  contracts  to  be  made  or  let  by  authority  of 
the  Common  Council  for  work  to  be  done  or  supplies  to  be 
furnished,  except  printing  and  advertising,  and  all  sales  of 
personal  property  in  the  custody  of  the  several  departments 
or  bureaus,  shall  be  made  by  the  appropriate  heads  of  de- 
partments under  such  regulations  as  shall  be  established  by 
ordinances  of  the  Common  Council.  Whenever  any  work 
is  necessary  to  be  done  to  complete  or  perfect  a  particular 
job,  or  any  supply  is  needful  for  any  particular  purpose, 
which  work  and  job  is  to  be  undertaken  or  supply  furnished 
for  the  Corporation,  and  the  several  parts  of  the  said  work 
or  supply  shall  together  involve  the  expenditure  of  more 
than  one  thousand  dollars,  the  same  shall  be  by  contract 
under  such  regulations  concerning  it  as  shall  be  established 


43 


by  ordinance  of  the  Common  Council,  unless  by  a  vote  of 
all  of  the  members  elected  to  each  board  it  shall  be  other- 
wise ordered ;  and  all  contracts  shall  be  entded  into  by  the 
appropriate  heads  of  departments  and  shall  be  founded  on 
sealed  bids  or  proposals  made  in  compliance  with  public 
notice  duly  advertised  in  newspapers  of  the  city,  said  notice 
to  be  published  at  least  ten  days ;  and  all  such  contracts 
when  given,  shall  be  given  to  the  lowest  bidder,  the  terms 
of  whose  contract  shall  be  settled  by  the  Counsel  to  the 
Corporation  as  an  act  of  preliminar}'  specification  to  the  bid 
or  proposal,  and  who  shall  give  security  for  the  faithful 
performance  of  his  contract  in  the  manner  prescribed  and 
required  by  ordinance,  and  the  adequacy  and  sufficiency  of 
this  security  shall  in  addition  to  the  justification  and  ac- 
knowledgement be  approved  by  the  Comptroller.  All  bids 
or  proposals  shall  be  publicly  opened  by  the  officers  adver- 
tising for  the  same,  and  in  the  presence  of  the  Comptroller ; 
if  the  lowest  bidder  shall  neglect  or  refuse  to  accept  to  con- 
tract within  forty-eight  hours  after  written  notice  that  the 
same  has  been  awarded  to  his  bid  or  proposal,  it  shall  be  re- 
advertised  and  relet  as  above  provided. 

Sec.  108.  All  property  sold  under  the  authority  of  the  Com- 
mon Council  shall  be  sold  at  auction  after  at  least  ten  days 
previous  public  notice,  under  the  superintendence  of  the  ap- 
propriate head  of  department.  Every  contract  when  made  and 
entered  into  as  before  provided  for  shall  be  executed  in  du- 
plicate, and  shall  be  filed  in  the  Department  of  Finance. 
A  receipt  for  each  payment  made  on  account  of,  or  in  satis- 
faction of  the  same,  shall  be  endorsed  on  the  said  contract 
by  the  party  receiving  the  warrant,  which  warrant  shall  be 
only  given  to  the  person  interested  in  such  contract,  or  his 
authorized  representative.  The  proceeds  of  all  sales  made 
under  and  by  virtue  of  this  section  shall  be  by  the  officer 
receiving  the  same  immediately  deposited  with  the  Cham- 


44 


berlain,  and  the  account  of  sales  verified  by  the  officer  mak- 
ing the  sales  shall  be  immediately  filed  in  the  office  of  the 
Comptroller.  No  expenditure  forwork  or  supplies,  involving 
an  amount  for  which  no  contract  is  required,  shall  be  made 
except  the  necessity  therefor  be  certified  to  by  the  head  of 
the  appropriate  department,  and  the  expenditure  has  been 
duly  authorized  and  appropriated. 

Sec.  109.  Whenever  the  Mayor  shall  appoint  any  officer 
under  this  Act,  hve  shall  give  to  the  said  officer  a  Certificate 
of  Appointment,  and  therein  designate  the  term  for  which 
said  officer  has  been  appointed. 

Sec.  110.  Every  person  elected  or  appointed  to  any  office 
under  the  City  Government  shall  on  or  before  the  first  day 
of  May  next,  succeeding  such  election,  or  within  five  days 
after  notice  of  such  appointment,  take  and  subscribe  before 
the  Mayor  or  any  Judge  of  a  Court  of  Eecord,  on  oath  or 
affirmation,  faithfully  to  perform  the  duties  of  his  office, 
which  oath  or  affirmation  shall  be  filed  in  the  office  of  the 
Mayor. 

Sec.  111.  Any  officer  of  the  City  Government  or  person 
employed  in  the  service  who  shall  wilfully  violate  or  evade 
any  of  the  provisions  of  this  Act,  or  commit  any  fraud  upon 
the  City,  or  convert  any  of  the  public  property  to  his  own 
use,  or  knowingly  permit  any  other  person  so  to  convert  it 
shall  be  deemed  guilty  of  a  misdemeanor,  and  in  addition  to 
the  penalties  imposed  by  law  shall  forfeit  his  office  and  be 
excluded  forever  after  from  receiving  or  holding  any  office 
under  the  City,  and  any  person  who  shall  wilfully  swear 
falsely  in  any  oath  or  affirmation  required  by  this  Act,  shall 
be  guilty  of  perjury. 

Sec.  112.  No  officer  of  the  City  Government  except  a 
Collector  of  City  Revenue,  or  a  Clerk  of  Arrears,  shall 
have  or  receive  from   the  Corporation  or  City  Treasury 


45 

any  perquisites  or  any  compensation  for  his  services  as 
such,  officer  or  otherwise,  or  commission  in  addition  to  his 
salary. 

Sec.  113.  The  salaries  of  all  officers  provided  for  by  this 
Act,  except  of  such  as  are  herein  before  mentioned,  or  of 
any  office  that  may  be  created  by  the  Common  Council  for 
the  purpose  of  giving  effect  to  the  provisions  of  this  Act, 
shall  be  prescribed  by  ordinance  or  resolution  to  be  passed 
by  the  Common  Council,  and  approved  as  hereinbefore  pro- 
vided for  the  approval  of  Ordinances  or  ^Resolutions,  and 
any  fees  that  shall  hereafter  be  provided  for  any  officer 
under  this  Act  except  as  aforesaid,  shall  on  the  receipt 
thereof  be  paid  by  such  officer  into  the  City  Treasury. 

Sec.  114.  All  officers  or  other  persons  to  whom  the  re- 
ceipts or  expenditures  of  the  City,  or  fees  or  funds  payable 
into  the  City  Treasury  shall  be  entrusted,  shall  give  suffi- 
cient security  for  the  faithful  performance  of  their  duty,  in 
such  form  and  amount  as  the  Comptroller  may  prescribe, 
which  security  shall  be  annually  renewed. 

Sec.  115.  No  bid  shall  be  accepted  from  or  contract 
awarded  to  any  person  who  is  in  arrears  to  the  Corporation 
upon  debt  or  contract,  or  who  is  a  defaulter  as  sureties  or 
otherwise  upon  any  obligation  to  the  Corporation. 

Sec.  116.  Whenever  the  Mayor  and  Comptroller  shall 
agree  that  a  proper  case  exists  for  exempting  within  the 
City  of  New- York  from  assessment  any  Church,  Hospital, 
Charitable  Institution  or  Free  Library,  in  accordance  with 
the  principle  of  like  provisions  heretofore  adopted  in  the 
laws  of  the  State,  they  may  file  a  certificate  to  that  effect 
with  the  proper  Board  of  Assessors  and  in  the  Finance  De- 
partment, whereupon  such  exemption  shall  be  final,  and  the 
amount  of  the  proper  assessment  be  charged  against  the 
City  as  if  City  property. 


46 

Sec.  117.  The  Comptroller  of  the  City  of  New- York  is 
authorized  to  borrow,  from  time  to  time,  on  the  credit  of 
the  Corporation,  in  anticipation  ©f  its  revenues  for  the  cur- 
rent year,  and  not  to  exceed  the  amount  of  such  revenues, 
such  sums  as  may  be  necessary  to  meet  expenditures  under 
the  appropriations  for  each  current  year  ;  but  the  amounts 
so  borrowed  shall  in  no  year  exceed  the  sum  of  eighteen 
million  of  dollars. 

Sec.  118.  No  action  shall  be  maintained  against  the 
Mayor,  Aldermen  and  Commonalty  of  the  City  of  New- 
York,  unless  the  claim  ou  which  the  action  is  brought,  has 
been  presented  to  the  Comptroller,  and  he  has  neglected  for 
thirty  days  to  pay  the  same.  Before  any  execution  shall 
be  issued  or  any  judgment  recovered  upon  such  a  claim,  a 
notice  in  writing  of  the  recovery  thereof  shall  be  given  to 
the  Comptroller,  and  he  shall  have  ten  days  to  provide  for 
the  payment  of  the  same,  according  to  law. 

Sec.  119.  The  Mayor,  the  Comptroller,  the  President  of 
the  Board  governing  the  Department  of  Public  Works,  the 
President  of  the  Board  governing  the  Department  of  Parks, 
the  President  of  the  Board  governing  the  Department  of 
Docks,  the  President  of  the  Board  governing  the  Dopart- 
ment  of  Public  Charities  and  Correction,  the  President  of  the 
Board  governing  the  Department  of  Police,  the  President  of 
the  Board  governing  the  Department  of  Fire,  the  President  of 
the  Board  governing  the  Department  of  Public  Instruction, 
and  the  President  of  the  Board  governing  the  Department  of 
Health,  the  President  of  the  Board  of  Aldermen,  the  Presi- 
dent of  the  Board  of  Assistant  Aldermen,  and  the  Counsel 
to  the  Corporation,  shall  and  are  hereby  directed,  on  or 
before  the  loth  day  of  January  in  each  and  every  year,  and 
immediately  for  the  present  year,  and  in  lieu  of  and  super- 
seding existing  authority  in  relation  hereto,  to  make  and 
agree  upon  an  estimate  of  the  various  sums  of  money  which 


47 

in  their  discretion  will  be  required  to  defray  all  the  various 
expenses  necessary  for  conducting  the  various  Boards,  Com- 
missions and  Departments  the  expenses  and  expenditures, 
of  which  are  raised  by  taxation,  whether  executive,  judicial, 
legislative,  or  administrative,  of  the  City  Government,  and 
also  for  pa}Ting  the„interest  on  the  city  debt,  and  the  principal 
of  such  debt  falling  due,  and  thereupon  to  fix  and  deter- 
mine the  amount  of  all  such  estimates,  which  amount,  when 
so  established  by  the  concurrent  votes  of  nine  of  the  officers 
above  mentioned,  shall  thereby  become  appropriated  as  the 
amount  of  money  required  as  aforesaid. 

That  amount  thus  established  shall  be  certified  to  the 
Board  of  Supervisors  of  the  County  of  New- York  by  the 
Comptroller,  as  the  aggregate  expenses  of  the  City  Govern- 
ment for  one  year,  to  be  raised  by  tax ;  and  said  Board  of 
Supervisors,  are  hereby  empowered  and  directed  annually 
to  cause  the  said  amount  of  money  estimated,  required  and 
certified  as  aforesaid  to  be  according  to  law  raised  and  col- 
lected by  tax  upon  the  estates  real  and  personal,  subject  to 
taxation  within  the  City  and  County  of  New-York.  The 
first  meeting  of  the  said  officers  above  mentioned  shall  be 
called  by  notice  from  the  said  Mayor,  personally  served  on 
the  members  above  mentioned.  Subsequent  meetings  shall 
be  called  upon  the  request  of  any  two  of  said  officers. 

All  the  meetings  of  said  officers  for  the  purposes  above 
mentioned  shall  be  public,  and,  except  adjourned  meetings, 
be  upon  a  notice  of  ten  days  published  in  the  newspapers 
designated  by  the  Mayor  to  publish  the  Corporation  notices 
and  proceedings. 

Any  taxpayer  may  have  the  right  to  appear  before  said 
officers,  either  in  person  or  by  attorney,  and  be  heard  upon 
the  various  estimates  of  the  expenses  of  the  City  Govern- 
ment submitted  to  said  officers. 

Sec.  120.  No  appropriation  shall  be  made  to  any  school 


48 


or  educational  institution  not  under  the  direct  control  of 
the  Department  of  Public  Instruction. 

Sec.  121.  The  Common  Council  and  each  Board  thereof 
of  the  City  of  New-York,  and  the  several  members 
thereof,  and  every  officer  holding  office,  and  every  Head 
of  Department  in  or  under  any  law  or  ordinance  for 
the  government  of  the  City  or  County  of  New-York, 
are  hereby  declared  Trustees  (as  to  duty  and  responsi- 
bility) of  the  property,  funds,  rights  and  franchises  of 
said  City ;  and  also  of  all  property,  funds,  rights  and 
franchises  committed  to  the  charge  or  management  of 
either  or  any  of  them.  And  every  person  residing 
in  said  City  and  assessed  to  pay  taxes  therein,  who  shall 
pay  taxes  therein,  is  hereby  declared  to  be  a  cestui  que  trust 
in  respect  to  the  said  property,  funds,  rights  and  franchises  1 
respectively  ;  and  any  co-trustee  or  any  such  cestui  que 
trust  shall  be  entitled  as  against  such  Trustees  and  in  re- 
gard to  such  property,  funds,  rights  and  franchises,  to  all 
the  rights  and  remedies  provided  by  law  of  any  co-trustee 
or  cestui  que  trust  to  prosecute  and  maintain  any  action  to 
prevent  waste,  loss  and  injury  to  any  such  property,  funds, 
rights  or  franchises ;  such  Trustees  are  hereby  severally  and 
personally  as  well  as  officially  made  subject  to  all  the  duties 
and  responsibilities  imposed  by  law  on  Trustees,  and  such 
duties  and  responsibilities  may  be  enforced  by  any  co- 
trustee or  cestui  que  trust  aforesaid. 

Actions  hereunder  may  be  instituted  at  any  time  before, 
but  not  after  the  expiration  of  one  year  after  the  defendant 
has  ceased  to  hold  the  office  or  position  in  respect  of  which 
he  is  sought  to  be  charged  as  Trustee,  and  no  action  shall 
abate  or  liability  cease  by  reason  of  such  person  or  officer 
ceasing  to  hold  such  office  or  position. 

All  moneys  or  damages  recovered  shall  be  for  the  benefit 
of  the  property,  fund  or  department  in  respect  to  the  care, 


49 


protection  or  administration  of  which  the  defendant  ma}'  be 
held  not  to  hare  discharged  his  or  its  duty. 

All  sums  recovered  shall  by  the  judgment  be  directed  to 
be  paid  into  the  Treasury  of  the  City. 

And  said  Boards  of  Aldermen  and  Assistant  Alder- 
men respectively  shall  so  far  have  a  corporate  capacity 
for  the  purpose  of  this  Act,  that  they  may  be  sued  and 
served  as  bodies  respectively  by  service  of  process  upon 
their  respective  clerks  or  presiding  officers. 

Sec.  122.  On  the  first  day  of  May,  in  the  year  one- 
thousand  eight  hundred  and  seventy-two,  the  terms  ol* 
office  of  the  following  named  existing  officials  of  the  City 
of  New- York  shall  expire,  to  wit:  The  Aldermen  and 
Assistant  Aldermen,  and  their  clerks  and  subordinates  : 
the  Mayor;  the  Chamberlain;  the  Corporation  Counsel^ 
Corporation  Attorney  and  Public  Administrator:  the  Com- 
missioners of  Public  Instruction  and  the  Inspectors  of 
Common  Schools  and  the  Commissioners  of  Taxes 
and  Assessments :  and  on  the  loth  day  of  May,  in 
the  year  1872,  the  terms  of  office  of  the  following- named 
existing  officials  of  said  City  shall  expire,  to  wit  :  The 
Commissioner  of  Public  Works,  the  Assessors,  the  Com- 
missioners and  Superintendent  of  Police,  the  Chief 
Kngineer  of  the  Fire  Department,  the  Inspector  of  Fire 
Apparatus,  the  Commissioners  of  Health,  the  City  Sanitary 
Inspector,  the  Register  of  Records,  the  Superintendent  of 
Buildings,  aud  all  other  officers  whose  places  are  directed 
to  be  supplied  by  this  Act.  All  of  said  outgoing  officers 
are  hereby  directed  and  required,  as  soon  as  possible  after 
the  expiration  of  their  said  respective  terms,  to  deliver  to 
their  respective  successors  all  the  property  of  every  kind, 
books  and  papers,  in  their  use  and  possession  respectively 
belonging  to  the  Corporation. 

Sec.  128.  All  acts  and  parts  of  Acts  inconsistent  with 
the  provisions  of  this  Act  are  hereby  repealed. 


